Lead Technical Services Ltd v CMS Medical Ltd [2007] EWCA Civ 316 (30 January 2007)

Lead Technical Services Ltd v CMS Medical Ltd [2007] EWCA Civ 316 (30 January 2007)

There was a real prospect, based on cogent evidence, that the Deed of Appointment was a binding written contract and/or that there was an oral agreement to cap fees at £20,000, both of which would deprive the adjudicator of jurisdiction. The judge failed to address key evidence and erred in granting summary judgment enforcing the adjudicator's decision.

Citation
[2007] EWCA Civ 316
Parties
Claimant/respondent: Lead Technical Services Ltd; Defendant/appellant: CMS Medical Ltd
Jurisdiction
England and Wales
Judgment Date
30 January 2007
Procedural Posture
Civil Appeal / Appeal From Summary Judgment Enforcing Adjudication
Outcome
appeal allowed
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Construction Contract in Writing, Oral Variation of Contract, Summary Judgment
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Construction Contract in Writing Oral Variation of Contract Summary Judgment

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Parties

Lead Technical Services Ltd

Claimant/respondent

CMS Medical Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment Enforcing Adjudication

Legal Issues

  1. 1 Whether the Deed of Appointment constituted a binding written contract for the purposes of section 107 of the Housing Grants Construction and Regeneration Act 1996
  2. 2 Whether there was an oral agreement to cap LTS's fees at £20,000, thereby excluding the contract from the statutory adjudication scheme
  3. 3 Whether the adjudicator had jurisdiction to determine the dispute

Ratio Decidendi

There was a real prospect, based on cogent evidence, that the Deed of Appointment was a binding written contract and/or that there was an oral agreement to cap fees at £20,000, both of which would deprive the adjudicator of jurisdiction. The judge failed to address key evidence and erred in granting summary judgment enforcing the adjudicator's decision.

Court Disposition

appeal allowed

Orders

  • summary judgment set aside
  • enforcement of adjudicator's decision refused