Deluxe Art & Theme Ltd v Beck Interiors Ltd [2016] EWHC 238 (TCC) (12 February 2016)

Deluxe Art & Theme Ltd v Beck Interiors Ltd [2016] EWHC 238 (TCC) (12 February 2016)

The adjudicator lacked jurisdiction to decide Adjudication 3 because paragraph 8(1) of the Scheme for Construction Contracts requires the consent of all parties to adjudicate at the same time on more than one dispute, and such consent was not given. The decision in Adjudication 3 is therefore unenforceable. There...

Source-derived case information.

Citation
[2016] EWHC 238 (TCC)
Parties
Claimant: Deluxe Art & Theme Limited; Defendant: Beck Interiors Limited
Jurisdiction
England and Wales
Judgment Date
12 February 2016
Procedural Posture
Summary Judgment Application to Enforce Adjudicator's Decisions / Judgment on Enforcement Application
Outcome
Partial enforcement granted; Adjudication 2 enforced, Adjudication 3 not enforced.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice, Scheme for Construction Contracts
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice Scheme for Construction Contracts

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Parties

Deluxe Art & Theme Limited

Claimant

Beck Interiors Limited

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudicator's Decisions / Judgment on Enforcement Application

Legal Issues

  1. 1 Whether an adjudicator has jurisdiction to adjudicate at the same time on more than one dispute without consent under paragraph 8(1) of the Scheme for Construction Contracts
  2. 2 Whether there was a breach of natural justice in the conduct of Adjudication 2

Ratio Decidendi

The adjudicator lacked jurisdiction to decide Adjudication 3 because paragraph 8(1) of the Scheme for Construction Contracts requires the consent of all parties to adjudicate at the same time on more than one dispute, and such consent was not given. The decision in Adjudication 3 is therefore unenforceable. There was no material breach of natural justice in Adjudication 2, so its decision is enforceable.

Court Disposition

Partial enforcement granted; Adjudication 2 enforced, Adjudication 3 not enforced.

Orders

  • Decision in Adjudication 2 is summarily enforced.
  • Decision in Adjudication 3 is not enforced due to lack of jurisdiction.