Equitix ESI CHP (Wrexham) Ltd v Bester Generacion UK Ltd

Equitix ESI CHP (Wrexham) Ltd v Bester Generacion UK Ltd

The adjudicator had jurisdiction because the dispute referred did not relate to excluded operations under s.105(2)(c) of the 1996 Act, and no proper reservation of jurisdiction was made by the defendant in the second adjudication; summary judgment is granted but a partial stay is ordered due to the claimant's...

Source-derived case information.

Parties
Claimant: Equitix ESI CHP (Wrexham) Limited; Defendant: Bester Generacion UK Limited
Jurisdiction
England and Wales
Judgment Date
08 February 2018
Procedural Posture
Commercial Construction Dispute / Judgment on Enforcement of Adjudicator's Decision
Outcome
Summary judgment granted with partial stay of execution
Legal Topics
Adjudication, Jurisdiction, Stay of Execution, Excluded Operations, Hybrid Contracts
Construction Law Contract Law Adjudication Jurisdiction Stay of Execution Excluded Operations Hybrid Contracts

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Parties

Equitix ESI CHP (Wrexham) Limited

Claimant

Bester Generacion UK Limited

Defendant

Procedural Posture

Commercial Construction Dispute / Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction under the Housing Grants (Construction and Regeneration) Act 1996
  2. 2 Whether the defendant properly reserved its position on jurisdiction
  3. 3 Whether a stay of execution should be granted

Ratio Decidendi

The adjudicator had jurisdiction because the dispute referred did not relate to excluded operations under s.105(2)(c) of the 1996 Act, and no proper reservation of jurisdiction was made by the defendant in the second adjudication; summary judgment is granted but a partial stay is ordered due to the claimant's financial position.

Court Disposition

Summary judgment granted with partial stay of execution

Orders

  • Defendant to pay £4,500,000 to claimant immediately
  • Defendant to bring £1,000,000 into court to remain until further order