ROK Building Ltd v Celtic Composting Systems Ltd [2009] EWHC 2664 (TCC) (30 October 2009)

ROK Building Ltd v Celtic Composting Systems Ltd [2009] EWHC 2664 (TCC) (30 October 2009)

The adjudicator's decision was directive, requiring Celtic to pay Rok the sum awarded for the compensation event, plus interest, without set-off or cross-claims. The absence of a specified payment period does not undermine the requirement for immediate payment, given the binding nature of adjudicator's decisions under the contract and statute.

Citation
[2009] EWHC 2664 (TCC)
Parties
Claimant: Rok Building Limited; Defendant: Celtic Composting Systems Limited
Jurisdiction
England and Wales
Judgment Date
30 October 2009
Procedural Posture
Application to Enforce Adjudicator's Decision / Judgment
Outcome
Judgment for the Claimant
Legal Topics
Adjudication Enforcement, Compensation Events, Payment Provisions, Interest on Late Payment
Construction Law Contract Law Adjudication Enforcement Compensation Events Payment Provisions Interest on Late Payment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Rok Building Limited

Claimant

Celtic Composting Systems Limited

Defendant

Procedural Posture

Application to Enforce Adjudicator's Decision / Judgment

Legal Issues

  1. 1 Whether the adjudicator's decision was directive requiring payment or merely declaratory
  2. 2 Whether the adjudicator's decision should be enforced without set-off or cross-claims

Ratio Decidendi

The adjudicator's decision was directive, requiring Celtic to pay Rok the sum awarded for the compensation event, plus interest, without set-off or cross-claims. The absence of a specified payment period does not undermine the requirement for immediate payment, given the binding nature of adjudicator's decisions under the contract and statute.

Court Disposition

Judgment for the Claimant

Orders

  • Celtic Composting Systems Limited to pay Rok Building Limited £173,191.73 (£204,465.14 less £55,670.25 paid plus VAT at 15%)
  • Interest as awarded by the adjudicator to continue on unpaid sums until 22 October 2009