CG Group Ltd v Breyer Group Plc [2013] EWHC 2722 (TCC) (05 September 2013)

CG Group Ltd v Breyer Group Plc [2013] EWHC 2722 (TCC) (05 September 2013)

The adjudicator acted within jurisdiction and did not breach natural justice, as the dispute referred was broad and the payment terms of Clause 8 were argued by both parties; the adjudicator's reliance on Clause 8 and the Scheme was within the scope of submissions, and Breyer's own arguments supported the approach taken.

Citation
[2013] EWHC 2722 (TCC)
Parties
Claimant: CG Group Limited; Defendant: Breyer Group PLC
Jurisdiction
England and Wales
Judgment Date
05 September 2013
Procedural Posture
Adjudication Enforcement Proceedings / Judgment on Enforcement
Outcome
Judgment for claimant; enforcement granted
Legal Topics
Adjudication Enforcement, Payment Provisions, Natural Justice, Jurisdiction of Adjudicator
Construction Law Contract Law Adjudication Enforcement Payment Provisions Natural Justice Jurisdiction of Adjudicator

Case Brief

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Parties

CG Group Limited

Claimant

Breyer Group PLC

Defendant

Procedural Posture

Adjudication Enforcement Proceedings / Judgment on Enforcement

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the dispute as he did
  2. 2 Whether there was a material breach of natural justice preventing enforcement
  3. 3 Whether the payment provisions of the contract or the statutory Scheme applied post-termination

Ratio Decidendi

The adjudicator acted within jurisdiction and did not breach natural justice, as the dispute referred was broad and the payment terms of Clause 8 were argued by both parties; the adjudicator's reliance on Clause 8 and the Scheme was within the scope of submissions, and Breyer's own arguments supported the approach taken.

Court Disposition

Judgment for claimant; enforcement granted

Orders

  • Breyer Group PLC to pay CG Group Limited the net sum adjudicated (£187,720.95 including VAT)
  • Judgment for CG for the amounts claimed