Lulu Construction Ltd v Mulalley & Co Ltd [2016] EWHC 1852 (TCC) (17 March 2016)

Lulu Construction Ltd v Mulalley & Co Ltd [2016] EWHC 1852 (TCC) (17 March 2016)

Debt recovery costs, though not expressly within the scope of the referral, were ancillary and connected to the referred dispute, thus within the adjudicator's jurisdiction; summary judgment granted on this basis.

Citation
[2016] EWHC 1852 (TCC)
Parties
Claimant/respondent: Lulu Construction Limited; Defendant/appellant: Mulalley & Co Limited
Jurisdiction
England and Wales
Judgment Date
17 March 2016
Procedural Posture
Application Under Part 24 CPR for Summary Judgment to Enforce Adjudicator's Decision / Judgment on Summary Judgment Application
Outcome
Summary judgment granted in favour of the claimant/respondent.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Debt Recovery Costs, Late Payment of Commercial Debts
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Debt Recovery Costs Late Payment of Commercial Debts

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Parties

Lulu Construction Limited

Claimant/respondent

Mulalley & Co Limited

Defendant/appellant

Procedural Posture

Application Under Part 24 CPR for Summary Judgment to Enforce Adjudicator's Decision / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to award debt recovery costs
  2. 2 Whether the claim for debt recovery costs was within the scope of the dispute referred to adjudication
  3. 3 Whether there was a waiver of jurisdictional objection

Ratio Decidendi

Debt recovery costs, though not expressly within the scope of the referral, were ancillary and connected to the referred dispute, thus within the adjudicator's jurisdiction; summary judgment granted on this basis.

Court Disposition

Summary judgment granted in favour of the claimant/respondent.

Orders

  • Defendant to pay the outstanding balance including debt recovery costs and interest as determined by the adjudicator.