Complete Building Solutions Ltd v Brown & Anor [2015] EWCA Civ 1316 (22 October 2015)

Complete Building Solutions Ltd v Brown & Anor [2015] EWCA Civ 1316 (22 October 2015)

There is a real prospect that the appellants could succeed on the ground that the second adjudicator should have resigned under clause 7.2, as the disputes may be considered the same or substantially the same; permission to appeal is granted on this single ground.

Citation
[2015] EWCA Civ 1316
Parties
Claimant/respondent: Complete Building Solutions Ltd; Defendant/appellant: Mr Andrew Brown; Defendant/appellant: Mrs Caroline Brown
Jurisdiction
England and Wales
Judgment Date
22 October 2015
Procedural Posture
Civil Appeal / Permission to Appeal Granted; Interlocutory Application
Outcome
Permission to appeal granted on a single ground; time for appeal extended.
Legal Topics
Adjudication Under Construction Contracts, Summary Judgment, Jurisdiction of Adjudicator, Natural Justice, Extension of Time
Construction Law Contract Law Civil Procedure Adjudication Under Construction Contracts Summary Judgment Jurisdiction of Adjudicator Natural Justice Extension of Time

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Parties

Complete Building Solutions Ltd

Claimant/respondent

Mr Andrew Brown

Defendant/appellant

Mrs Caroline Brown

Defendant/appellant

Procedural Posture

Civil Appeal / Permission to Appeal Granted; Interlocutory Application

Legal Issues

  1. 1 Whether the second adjudicator should have resigned under clause 7.2 as the dispute was the same or substantially the same as previously adjudicated
  2. 2 Whether the judge erred in concluding there was no real prospect of defending the claim
  3. 3 Whether the accelerated enforcement procedure was properly used

Ratio Decidendi

There is a real prospect that the appellants could succeed on the ground that the second adjudicator should have resigned under clause 7.2, as the disputes may be considered the same or substantially the same; permission to appeal is granted on this single ground.

Court Disposition

Permission to appeal granted on a single ground; time for appeal extended.

Orders

  • Appellants to file and serve amended grounds and skeleton argument by 20 November.
  • Appeal to be expedited; estimated hearing time three hours.