Hoyle v BAK Building (Contracts) Ltd [2018] EWHC 2802 (TCC) (23 August 2018)

Hoyle v BAK Building (Contracts) Ltd [2018] EWHC 2802 (TCC) (23 August 2018)

The adjudicator had jurisdiction under the Scheme for Construction Contracts, there was no breach of natural justice or bias, and the defendant's objections were unfounded; summary judgment is granted to enforce the adjudicator's decision.

Citation
[2018] EWHC 2802 (TCC)
Parties
Claimant: Charles David Hoyle; Defendant: B. A. K. Building (Contracts) Ltd
Jurisdiction
England and Wales
Judgment Date
23 August 2018
Procedural Posture
Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Application for Summary Judgment
Outcome
Summary judgment granted for the claimant.
Legal Topics
Adjudication Enforcement, Summary Judgment, Jurisdiction of Adjudicator, Natural Justice, Bias Allegations
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Jurisdiction of Adjudicator Natural Justice Bias Allegations

Case Brief

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Parties

Charles David Hoyle

Claimant

B. A. K. Building (Contracts) Ltd

Defendant

Procedural Posture

Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the dispute
  2. 2 Whether there was a breach of natural justice or bias by the adjudicator
  3. 3 Whether summary judgment should be granted to enforce the adjudicator's decision

Ratio Decidendi

The adjudicator had jurisdiction under the Scheme for Construction Contracts, there was no breach of natural justice or bias, and the defendant's objections were unfounded; summary judgment is granted to enforce the adjudicator's decision.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Defendant to pay the sum awarded by the adjudicator (£3,850.96)
  • Defendant to pay interest as awarded by the adjudicator