Shimizu Europe Ltd. v Automajor Ltd [2002] EWHC 1571 (TCC) (17 January 2002)

Shimizu Europe Ltd. v Automajor Ltd [2002] EWHC 1571 (TCC) (17 January 2002)

The adjudicator had jurisdiction to determine the sum due under the contract as referred in the notice of adjudication; any error in including the smoke ventilation works sum was within his jurisdiction and does not render the award unenforceable. The procedural objections to enforcement fail, and the award must be enforced for the unpaid balance plus interest.

Citation
[2002] EWHC 1571 (TCC)
Parties
Claimant: Shimizu Europe Ltd.; Defendant: Automajor Ltd.
Jurisdiction
England and Wales
Judgment Date
17 January 2002
Procedural Posture
CPR Part 8 Claim for Enforcement of Adjudicator's Award / Judgment After Hearing
Outcome
Judgment for the Claimant (Shimizu) for the unpaid balance of the award plus interest.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Summary Judgment, Building Contracts
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Summary Judgment Building Contracts

Case Brief

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Parties

Shimizu Europe Ltd.

Claimant

Automajor Ltd.

Defendant

Procedural Posture

CPR Part 8 Claim for Enforcement of Adjudicator's Award / Judgment After Hearing

Legal Issues

  1. 1 Whether the adjudicator's award is enforceable despite alleged errors in calculation and jurisdiction
  2. 2 Whether the adjudicator exceeded his jurisdiction by including certain sums in the award
  3. 3 Whether part-payment or seeking correction under the slip rule amounts to waiver of jurisdictional objections

Ratio Decidendi

The adjudicator had jurisdiction to determine the sum due under the contract as referred in the notice of adjudication; any error in including the smoke ventilation works sum was within his jurisdiction and does not render the award unenforceable. The procedural objections to enforcement fail, and the award must be enforced for the unpaid balance plus interest.

Court Disposition

Judgment for the Claimant (Shimizu) for the unpaid balance of the award plus interest.

Orders

  • Automajor to pay Shimizu £175,069.10, being the unpaid balance of the adjudicator's award.
  • Automajor to pay interest of £211.27 for late payment of the full award for three days.