BDW Trading Limited v Ardmore Construction Limited

BDW Trading Limited v Ardmore Construction Limited

The court found the dispute had crystallised, the adjudicator had jurisdiction over both contract and DPA 1972 claims under the broad interpretation of the adjudication clause, no material breach of natural justice occurred regarding disclosure or consideration of defences, and there was no compelling reason for trial; summary judgment was granted enforcing the adjudicator's decision.

Parties
Claimant: BDW Trading Limited; Defendant: Ardmore Construction Limited
Jurisdiction
England and Wales
Judgment Date
16 December 2024
Procedural Posture
Summary Judgment Application to Enforce Adjudication Decision / Judgment on Summary Enforcement
Outcome
Summary judgment granted in favour of BDW Trading Limited enforcing the adjudicator's decision.
Legal Topics
Adjudication Enforcement, Defective Premises Act 1972, Limitation Act 1980, Building Safety Act 2022, Natural Justice, Jurisdictional Challenge, Disclosure Obligations
Construction Law Contract Law Tort Law Adjudication Enforcement Defective Premises Act 1972 Limitation Act 1980 Building Safety Act 2022 Natural Justice +2 more

Case Brief

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Parties

BDW Trading Limited

Claimant

Ardmore Construction Limited

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudication Decision / Judgment on Summary Enforcement

Legal Issues

  1. 1 Whether a dispute had crystallised prior to adjudication
  2. 2 Jurisdiction of adjudicator over DPA 1972 claims
  3. 3 Whether the adjudication process breached natural justice due to documentation imbalance

Ratio Decidendi

The court found the dispute had crystallised, the adjudicator had jurisdiction over both contract and DPA 1972 claims under the broad interpretation of the adjudication clause, no material breach of natural justice occurred regarding disclosure or consideration of defences, and there was no compelling reason for trial; summary judgment was granted enforcing the adjudicator's decision.

Court Disposition

Summary judgment granted in favour of BDW Trading Limited enforcing the adjudicator's decision.

Orders

  • Ardmore Construction Limited to pay BDW Trading Limited £14,539,243.45 plus interest and costs.