J & B Hopkins Limited v A & V Building Soltuions Limited

J & B Hopkins Limited v A & V Building Soltuions Limited

The adjudicator's decision is enforceable by summary judgment as there was no jurisdictional error or breach of natural justice. The defendant's grounds are factual disputes already determined by the adjudicator. The Pre-Action Protocol does not apply to these proceedings.

Parties
Claimant: J & B Hopkins Limited; Defendant: A&V Building Solution Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2023
Procedural Posture
Civil (construction/commercial) / Judgment on Application for Summary Enforcement of Adjudicator's Decision
Outcome
Summary judgment for the claimant
Legal Topics
Adjudication Enforcement, Summary Judgment, Breach of Contract, Contra Charges, Natural Justice, Pre Action Protocol
Construction Law Contract Law Civil Procedure Adjudication Enforcement Summary Judgment Breach of Contract Contra Charges Natural Justice +1 more

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Parties

J & B Hopkins Limited

Claimant

A&V Building Solution Limited

Defendant

Procedural Posture

Civil (construction/commercial) / Judgment on Application for Summary Enforcement of Adjudicator's Decision

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 claimant complied with the Pre-Action Protocol

Ratio Decidendi

The adjudicator's decision is enforceable by summary judgment as there was no jurisdictional error or breach of natural justice. The defendant's grounds are factual disputes already determined by the adjudicator. The Pre-Action Protocol does not apply to these proceedings.

Court Disposition

Summary judgment for the claimant

Orders

  • Defendant to pay claimant £96,918.88 (sum due under the Sub-Contract and adjudicator's fees)