O'Donnell Developments Ltd v Build Ability Ltd [2009] EWHC 3388 (TCC) (18 December 2009)

O'Donnell Developments Ltd v Build Ability Ltd [2009] EWHC 3388 (TCC) (18 December 2009)

The adjudicator's correction to Decision 8A was within his jurisdiction under the slip rule, as it was to correct an accidental error that did not reflect his intention. The court should not interfere with the exercise of the slip rule where the adjudicator is acting within jurisdiction, even if the error was induced by party information. The corrected decision is enforceable.

Citation
[2009] EWHC 3388 (TCC)
Parties
Claimant: O'Donnell Developments Limited; Defendant: Build Ability Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2009
Procedural Posture
Summary Judgment Application to Enforce Adjudication Decisions / Judgment After Hearing of Summary Judgment Application and Application for Stay of Execution
Outcome
Summary judgment granted for the claimant for £148,468.67; costs awarded to claimant on indemnity basis to 25 November 2009 and standard basis thereafter; costs of withdrawn stay application awarded to claimant on standard basis.
Legal Topics
Adjudication Enforcement, Slip Rule, Summary Judgment, Costs, Jurisdiction of Adjudicator
Construction Law Civil Procedure Adjudication Enforcement Slip Rule Summary Judgment Costs Jurisdiction of Adjudicator

Case Brief

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Parties

O'Donnell Developments Limited

Claimant

Build Ability Limited

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudication Decisions / Judgment After Hearing of Summary Judgment Application and Application for Stay of Execution

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to correct his decision under the slip rule regarding sums paid against Valuation 25
  2. 2 Whether the corrected adjudication decision is enforceable
  3. 3 Appropriate order as to costs

Ratio Decidendi

The adjudicator's correction to Decision 8A was within his jurisdiction under the slip rule, as it was to correct an accidental error that did not reflect his intention. The court should not interfere with the exercise of the slip rule where the adjudicator is acting within jurisdiction, even if the error was induced by party information. The corrected decision is enforceable.

Court Disposition

Summary judgment granted for the claimant for £148,468.67; costs awarded to claimant on indemnity basis to 25 November 2009 and standard basis thereafter; costs of withdrawn stay application awarded to claimant on standard basis.

Orders

  • Summary judgment for ODD for £148,468.67
  • ODD awarded costs of summary judgment application on indemnity basis to 25 November 2009 and standard basis thereafter, if not agreed