ISG Retail Ltd v Castletech Construction Ltd

ISG Retail Ltd v Castletech Construction Ltd

The adjudicator had jurisdiction because the dispute referred concerned a total failure of consideration under the contract, and restitution is an available remedy for such breach; thus, summary judgment enforcing the adjudicator's decision is granted.

Parties
Claimant: ISG Retail Ltd; Defendant: Castletech Construction Ltd
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Application for Summary Judgment / Judgment
Outcome
Summary judgment granted for the claimant.
Legal Topics
Adjudication Enforcement, Restitution, Failure of Consideration, Jurisdiction of Adjudicator
Construction Law Contract Law Adjudication Enforcement 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 / Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to order 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 because the dispute referred concerned a total failure of consideration under the contract, and restitution is an available remedy for such breach; thus, summary judgment enforcing the adjudicator's decision is granted.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Defendant to repay £35,000 plus VAT to the claimant.
  • Costs to be determined after hearing counsel if not agreed.