Complete Building Solutions Ltd v Brown & Anor

Complete Building Solutions Ltd v Brown & Anor

There is a real prospect that the dispute referred to the second adjudicator was the same or substantially the same as the first, making the ground for appeal arguable and justifying permission to appeal.

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
Outcome
permission to appeal granted
Legal Topics
Adjudication, Summary Judgment, Jurisdiction, Natural Justice, Contractual Interpretation
Construction Law Contract Law Civil Procedure Adjudication Summary Judgment Jurisdiction Natural Justice Contractual Interpretation

Case Brief

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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

Legal Issues

  1. 1 Whether the second adjudicator should have resigned pursuant to clause 7.2 of the contract
  2. 2 Whether the judge erred in concluding that the appellants had no real prospect of successfully defending the claim
  3. 3 Whether the accelerated enforcement procedure was properly used

Ratio Decidendi

There is a real prospect that the dispute referred to the second adjudicator was the same or substantially the same as the first, making the ground for appeal arguable and justifying permission to appeal.

Court Disposition

permission to appeal granted

Orders

  • Time for lodging notice extended.
  • Appellants to file and serve amended grounds and skeleton argument by 20 November.