CG Group Ltd v Breyer Group Plc

CG Group Ltd v Breyer Group Plc

The adjudicator had jurisdiction as the dispute referred was broadly defined and encompassed the payment claim; there was no material breach of natural justice as the adjudicator's decision was within the scope of the parties' submissions and arguments, including Breyer's assertion that the payment terms of the Sub-Contract Conditions would prevail.

Parties
Claimant: CG Group Limited; Defendant: Breyer Group PLC
Jurisdiction
England and Wales
Judgment Date
05 September 2013
Procedural Posture
Enforcement of Adjudicator's Decision / Judgment
Outcome
Judgment for CG Group Limited; enforcement of adjudicator's decision granted.
Legal Topics
Adjudication Enforcement, Jurisdiction, Natural Justice, Payment Provisions, Statutory Scheme
Construction Law Contract Law Adjudication Enforcement Jurisdiction Natural Justice Payment Provisions Statutory Scheme

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Parties

CG Group Limited

Claimant

Breyer Group PLC

Defendant

Procedural Posture

Enforcement of Adjudicator's Decision / Judgment

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 the rules of natural justice preventing enforcement
  3. 3 Whether the payment provisions of the contract or the statutory scheme applied

Ratio Decidendi

The adjudicator had jurisdiction as the dispute referred was broadly defined and encompassed the payment claim; there was no material breach of natural justice as the adjudicator's decision was within the scope of the parties' submissions and arguments, including Breyer's assertion that the payment terms of the Sub-Contract Conditions would prevail.

Court Disposition

Judgment for CG Group Limited; enforcement of adjudicator's decision granted.

Orders

  • Breyer Group PLC to pay CG Group Limited the net sum of £187,720.95 including VAT as determined by the adjudicator.
  • Judgment for CG for the amounts claimed.