CIB Properties Ltd. v Birse Construction [2004] EWHC 2365 (TCC) (19 October 2004)

CIB Properties Ltd. v Birse Construction [2004] EWHC 2365 (TCC) (19 October 2004)

There was a crystallised dispute within the meaning of section 108 of the Act at the time of the notice of adjudication. The adjudicator had jurisdiction. The adjudication process, though complex and hard-fought, was not unfair or in breach of natural justice. The alleged slip by the adjudicator did not meet the threshold for court intervention. The award is enforceable.

Citation
[2004] EWHC 2365 (TCC)
Parties
Claimant: CIB Properties Limited; Defendant: Birse Construction
Jurisdiction
England and Wales
Judgment Date
19 October 2004
Procedural Posture
Application to Enforce Adjudicator's Award (construction Dispute) / Final Judgment After Oral Hearing
Outcome
Application granted. Adjudicator's award enforced.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice in Adjudication, Complexity and Suitability for Adjudication, Correction of Adjudicator's Slip
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice in Adjudication Complexity and Suitability for Adjudication Correction of Adjudicator's Slip

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Parties

CIB Properties Limited

Claimant

Birse Construction

Defendant

Procedural Posture

Application to Enforce Adjudicator's Award (construction Dispute) / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether a dispute had crystallised for the purposes of section 108 of the Housing Grants Construction and Regeneration Act 1996
  2. 2 Whether the adjudication process was unfair or breached natural justice due to complexity or conduct
  3. 3 Whether the adjudicator made a slip capable of correction by the court or the adjudicator

Ratio Decidendi

There was a crystallised dispute within the meaning of section 108 of the Act at the time of the notice of adjudication. The adjudicator had jurisdiction. The adjudication process, though complex and hard-fought, was not unfair or in breach of natural justice. The alleged slip by the adjudicator did not meet the threshold for court intervention. The award is enforceable.

Court Disposition

Application granted. Adjudicator's award enforced.

Orders

  • Birse Construction to pay CIB Properties Limited £2,164,892 as determined by the adjudicator.