J & B Hopkins Ltd v A&V Building Solution Ltd [2023] EWHC 301 (TCC) (15 February 2023)

J & B Hopkins Ltd v A&V Building Solution Ltd [2023] EWHC 301 (TCC) (15 February 2023)

The adjudicator's decision is enforceable by summary judgment because there was no jurisdictional error or breach of natural justice, and the Pre-Action Protocol does not apply to such enforcement proceedings. The factual and contractual disputes were within the adjudicator's remit and were properly considered.

Citation
[2023] EWHC 301 (TCC)
Parties
Claimant: J & B Hopkins Limited; Defendant: A&V Building Solution Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2023
Procedural Posture
Adjudication Enforcement (summary Judgment) / Judgment on Enforcement Application
Outcome
Summary judgment for the claimant
Legal Topics
Adjudication Enforcement, Summary Judgment, Natural Justice, Contra Charges, Extensions of Time, Pre Action Protocol, Jurisdiction of Adjudicator
Construction Law Contract Law Civil Procedure Adjudication Enforcement Summary Judgment Natural Justice Contra Charges Extensions of Time +2 more

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Parties

J & B Hopkins Limited

Claimant

A&V Building Solution Limited

Defendant

Procedural Posture

Adjudication Enforcement (summary Judgment) / Judgment on Enforcement Application

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced by summary judgment
  2. 2 Whether there was a breach of natural justice or jurisdictional error by the adjudicator
  3. 3 Whether the Pre-Action Protocol applies to adjudication enforcement proceedings

Ratio Decidendi

The adjudicator's decision is enforceable by summary judgment because there was no jurisdictional error or breach of natural justice, and the Pre-Action Protocol does not apply to such enforcement proceedings. The factual and contractual disputes were within the adjudicator's remit and were properly considered.

Court Disposition

Summary judgment for the claimant

Orders

  • A&V Building Solution Limited to pay J & B Hopkins Limited £96,918.88 (including adjudicator's fee)