Deluxe Art & Theme Ltd v Beck Interiors Ltd
The adjudicator lacked jurisdiction to decide Adjudication 3 because paragraph 8(1) of the Scheme for Construction Contracts requires consent of all parties to adjudicate more than one dispute at the same time, and such consent was not given; there was no breach of natural justice in Adjudication 2, so its decision is enforceable.
- Parties
- Claimant: Deluxe Art & Theme Limited; Defendant: Beck Interiors Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 12 February 2016
- Procedural Posture
- Summary Judgment Application / Judgment
- Outcome
- Adjudication 2 enforced; Adjudication 3 unenforceable.
- Legal Topics
- Adjudication Enforcement, Jurisdiction, Natural Justice
Case Brief
Summary, issues, holding and outcome
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Parties
Deluxe Art & Theme Limited
Claimant
Beck Interiors Limited
Defendant
Procedural Posture
Summary Judgment Application / Judgment
Legal Issues
- 1 Whether an adjudicator has jurisdiction to decide more than one dispute at the same time without consent under paragraph 8(1) of the Scheme for Construction Contracts
- 2 Whether there was a breach of natural justice in Adjudication 2
Ratio Decidendi
The adjudicator lacked jurisdiction to decide Adjudication 3 because paragraph 8(1) of the Scheme for Construction Contracts requires consent of all parties to adjudicate more than one dispute at the same time, and such consent was not given; there was no breach of natural justice in Adjudication 2, so its decision is enforceable.
Court Disposition
Adjudication 2 enforced; Adjudication 3 unenforceable.
Orders
- Summary judgment granted for DATL in respect of Adjudication 2.
- Decision in Adjudication 3 declared unenforceable.
Full Case Text
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