ISG Retail Ltd v Castletech Construction Ltd [2015] EWHC 1443 (TCC) (22 May 2015)

ISG Retail Ltd v Castletech Construction Ltd [2015] EWHC 1443 (TCC) (22 May 2015)

The adjudicator had jurisdiction to decide the dispute arising under the contract, including awarding restitution for total failure of consideration, as this is an available remedy for breach of contract.

Citation
[2015] EWHC 1443 (TCC)
Parties
Claimant: ISG Retail Ltd; Defendant: Castletech Construction Ltd
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Application for Summary Judgment to Enforce Adjudicator's Decision / Judgment
Outcome
Summary judgment granted in favour of ISG Retail Ltd
Legal Topics
Adjudication, Restitution, Failure of Consideration, Jurisdiction of Adjudicator
Construction Law Contract Law Adjudication Restitution Failure of Consideration Jurisdiction of Adjudicator

Case Brief

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Parties

ISG Retail Ltd

Claimant

Castletech Construction Ltd

Defendant

Procedural Posture

Application for Summary Judgment to Enforce Adjudicator's Decision / Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to award restitution for total failure of consideration under the contract
  2. 2 Whether the dispute referred was within the scope of the adjudicator's powers

Ratio Decidendi

The adjudicator had jurisdiction to decide the dispute arising under the contract, including awarding restitution for total failure of consideration, as this is an available remedy for breach of contract.

Court Disposition

Summary judgment granted in favour of ISG Retail Ltd

Orders

  • Castletech Construction Ltd to repay ISG Retail Ltd £35,000 plus VAT forthwith
  • Costs to be determined after hearing counsel