Lidl UK GmbH v R G Carter Colchester Ltd

Lidl UK GmbH v R G Carter Colchester Ltd

The adjudicator exceeded his jurisdiction in awarding £125,000 in LADs at the full contractual rate, but this part of the decision is severable as it was not within the scope of the dispute referred. The remainder of the decision, concerning entitlement and amount of pro-rated LADs, was within jurisdiction and enforceable. No material breach of natural justice occurred as RGC had sufficient opportunity to present its case.

Parties
Claimant (ht12 309), Defendant (ht12 312): Lidl UK GmbH; Defendant (ht12 309), Claimant (ht12 312): R G Carter Colchester Limited
Jurisdiction
England and Wales
Judgment Date
08 November 2012
Procedural Posture
Summary Judgment Application and Part 8 Claim / Judgment on Enforcement of Adjudicator's Decision and Declaratory Relief
Outcome
Summary judgment granted in part; adjudicator's decision enforced except for the £125,000 outside jurisdiction; Part 8 claim for declaration refused.
Legal Topics
Adjudication Enforcement, Liquidated Damages, Jurisdiction of Adjudicator, Natural Justice, Severability of Adjudicator's Decision
Construction Law Contract Law Civil Procedure Adjudication Enforcement Liquidated Damages Jurisdiction of Adjudicator Natural Justice Severability of Adjudicator's Decision

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Parties

Lidl UK GmbH

Claimant (ht12 309), Defendant (ht12 312)

R G Carter Colchester Limited

Defendant (ht12 309), Claimant (ht12 312)

Procedural Posture

Summary Judgment Application and Part 8 Claim / Judgment on Enforcement of Adjudicator's Decision and Declaratory Relief

Legal Issues

  1. 1 Scope of dispute referred to adjudicator
  2. 2 Whether adjudicator exceeded jurisdiction
  3. 3 Severability of adjudicator's decision

Ratio Decidendi

The adjudicator exceeded his jurisdiction in awarding £125,000 in LADs at the full contractual rate, but this part of the decision is severable as it was not within the scope of the dispute referred. The remainder of the decision, concerning entitlement and amount of pro-rated LADs, was within jurisdiction and enforceable. No material breach of natural justice occurred as RGC had sufficient opportunity to present its case.

Court Disposition

Summary judgment granted in part; adjudicator's decision enforced except for the £125,000 outside jurisdiction; Part 8 claim for declaration refused.

Orders

  • Adjudicator's decision enforced except for £125,000 relating to full-rate LADs, which is severed and not enforced.
  • No declaration granted on Part 8 claim; proceedings serve no useful purpose until factual dispute resolved.