Carillion Construction Ltd v Devonport Royal Dockyard [2005] EWHC 778 (TCC) (26 April 2005)

Carillion Construction Ltd v Devonport Royal Dockyard [2005] EWHC 778 (TCC) (26 April 2005)

The adjudicator acted within his jurisdiction as the matters decided were within the scope of the dispute referred. There was no substantial or relevant breach of natural justice. The reasons provided were adequate. The adjudicator's decision, including on defects and interest, is valid and enforceable.

Citation
[2005] EWHC 778 (TCC)
Parties
Part 7 Claimant/part 8 Defendant: Carillion Construction Limited; Part 7 Defendant/part 8 Claimant: Devonport Royal Dockyard Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2005
Procedural Posture
Construction Contract Adjudication Enforcement and Challenge / Trial of Consolidated Part 7 and Part 8 Claims
Outcome
Adjudicator's decision enforced; Carillion's claim for enforcement succeeds; DML's challenge dismissed.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice in Adjudication, Interest Awards, Interpretation of Construction Contracts
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice in Adjudication Interest Awards Interpretation of Construction Contracts

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Parties

Carillion Construction Limited

Part 7 Claimant/part 8 Defendant

Devonport Royal Dockyard Limited

Part 7 Defendant/part 8 Claimant

Procedural Posture

Construction Contract Adjudication Enforcement and Challenge / Trial of Consolidated Part 7 and Part 8 Claims

Legal Issues

  1. 1 Whether the adjudicator's decision was made without or in excess of jurisdiction
  2. 2 Whether the adjudicator's decision was made in breach of natural justice
  3. 3 Whether the adjudicator's decision on defects and interest was valid and enforceable

Ratio Decidendi

The adjudicator acted within his jurisdiction as the matters decided were within the scope of the dispute referred. There was no substantial or relevant breach of natural justice. The reasons provided were adequate. The adjudicator's decision, including on defects and interest, is valid and enforceable.

Court Disposition

Adjudicator's decision enforced; Carillion's claim for enforcement succeeds; DML's challenge dismissed.

Orders

  • DML to pay Carillion the sums awarded by the adjudicator, including principal, bonus, fee, and interest, within seven days.