Lulu Construction Ltd v Mulalley & Co Ltd
Debt recovery costs, though not specifically referred to in the Notice of Adjudication, were connected with and ancillary to the referred dispute and thus within the adjudicator's jurisdiction. Summary judgment is granted on this basis.
- Parties
- Claimant/respondent: Lulu Construction Limited; Defendant/appellant: Mulalley & Co Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 17 March 2016
- Procedural Posture
- Commercial Construction Dispute (adjudication Enforcement) / Application for Summary Judgment Under Part 24 CPR
- Outcome
- Summary judgment granted for the claimant
- Legal Topics
- Adjudication Enforcement, Jurisdiction of Adjudicator, Debt Recovery Costs, Summary Judgment
Case Brief
Summary, issues, holding and outcome
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Parties
Lulu Construction Limited
Claimant/respondent
Mulalley & Co Limited
Defendant/appellant
Procedural Posture
Commercial Construction Dispute (adjudication Enforcement) / Application for Summary Judgment Under Part 24 CPR
Legal Issues
- 1 Whether the adjudicator had jurisdiction to award debt recovery costs not specifically referred in the Notice of Adjudication
- 2 Whether there was a waiver of jurisdictional objection by the defendant
Ratio Decidendi
Debt recovery costs, though not specifically referred to in the Notice of Adjudication, were connected with and ancillary to the referred dispute and thus within the adjudicator's jurisdiction. Summary judgment is granted on this basis.
Court Disposition
Summary judgment granted for the claimant
Orders
- Defendant to pay the outstanding balance of £57,460.97, including debt recovery costs and interest
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