Hoyle v BAK Building (Contracts) Ltd
The adjudicator had jurisdiction under the statutory scheme, there was no breach of natural justice or bias, and the defendant's objections were without merit. The claimant is entitled to summary judgment to enforce the adjudicator's decision.
- Parties
- Claimant: Charles David Hoyle; Defendant: B. A. K. Building (Contracts) Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 23 August 2018
- Procedural Posture
- Civil Construction/contract / Application for Summary Judgment to Enforce Adjudicator's Decision
- Outcome
- Summary judgment granted for the claimant
- Legal Topics
- Adjudication Enforcement, Summary Judgment, Jurisdiction of Adjudicator, Natural Justice
Case Brief
Summary, issues, holding and outcome
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Parties
Charles David Hoyle
Claimant
B. A. K. Building (Contracts) Ltd
Defendant
Procedural Posture
Civil Construction/contract / Application for Summary Judgment to Enforce Adjudicator's Decision
Legal Issues
- 1 Whether the adjudicator had jurisdiction to decide the dispute
- 2 Whether there was a breach of natural justice or bias by the adjudicator
- 3 Whether summary judgment should be granted to enforce the adjudicator's decision
Ratio Decidendi
The adjudicator had jurisdiction under the statutory scheme, there was no breach of natural justice or bias, and the defendant's objections were without merit. The claimant is entitled to summary judgment to enforce the adjudicator's decision.
Court Disposition
Summary judgment granted for the claimant
Orders
- Defendant to pay the adjudicated sum of £3,850.96 to the claimant
- Defendant to pay interest as awarded by the adjudicator
Full Case Text
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