Fahstone Ltd v Biesse Group UK Ltd
There is at least a triable issue about the nature and extent of the fixings by which the Uniwin is secured to the floor, so summary judgment is not appropriate and Biesse is entitled to unconditional leave to defend.
- Parties
- Claimant: Fahstone Limited; Defendant: Biesse Group UK Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 18 December 2015
- Procedural Posture
- Commercial / Application for Summary Judgment
- Outcome
- Application for summary judgment refused; unconditional leave to defend granted.
- Legal Topics
- Adjudication Enforcement, Construction Contract Definition, Fixtures and Chattels, Summary Judgment
Case Brief
Summary, issues, holding and outcome
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Parties
Fahstone Limited
Claimant
Biesse Group UK Limited
Defendant
Procedural Posture
Commercial / Application for Summary Judgment
Legal Issues
- 1 Whether the installation of the Uniwin machine constitutes a construction operation under the Housing Grants, Construction and Regeneration Act 1996
- 2 Whether Fahstone Limited was a proper party to the Uniwin Agreement
- 3 Whether summary judgment should be granted to enforce the adjudicator's decision
Ratio Decidendi
There is at least a triable issue about the nature and extent of the fixings by which the Uniwin is secured to the floor, so summary judgment is not appropriate and Biesse is entitled to unconditional leave to defend.
Court Disposition
Application for summary judgment refused; unconditional leave to defend granted.
Orders
- Biesse Group UK Limited is granted unconditional leave to defend the claim.
- The parties have agreed on an appropriate form of order for the disposal of the application.
Full Case Text
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