Brown & Anor v Complete Buildings Solutions Ltd

Brown & Anor v Complete Buildings Solutions Ltd

The second adjudicator was entitled and correct to conclude that he was not considering the same or substantially the same dispute as the first adjudicator. The new notice served after the first adjudication gave rise to a different dispute, not previously decided.

Parties
Appellant: Andrew Brown; Appellant: Caroline Brown; Respondent: Complete Buildings Solutions Limited
Jurisdiction
England and Wales
Judgment Date
13 January 2016
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in Technology and Construction Court
Outcome
appeal dismissed
Legal Topics
Adjudication, Jurisdiction of Adjudicator, Final Certificate, Payment Notice, Res Judicata
Construction Law Contract Law Adjudication Jurisdiction of Adjudicator Final Certificate Payment Notice Res Judicata

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Parties

Andrew Brown

Appellant

Caroline Brown

Appellant

Complete Buildings Solutions Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in Technology and Construction Court

Legal Issues

  1. 1 Whether the second adjudicator had jurisdiction to decide the dispute under the contract or whether it was the same or substantially the same as a dispute previously decided by another adjudicator

Ratio Decidendi

The second adjudicator was entitled and correct to conclude that he was not considering the same or substantially the same dispute as the first adjudicator. The new notice served after the first adjudication gave rise to a different dispute, not previously decided.

Court Disposition

appeal dismissed