Rok Building Ltd v Celtic Composting Systems Ltd (No. 2) [2010] EWHC 66 (TCC) (22 January 2010)

Rok Building Ltd v Celtic Composting Systems Ltd (No. 2) [2010] EWHC 66 (TCC) (22 January 2010)

The court held that even if the adjudicator made errors, including potentially serious ones, these do not amount to breaches of natural justice or grounds for refusing enforcement where the adjudicator acted within jurisdiction and followed fair procedure. The slip rule was properly applied, and the adjudicator was not required to revisit substantive issues. The decision is enforceable by summary judgment.

Citation
[2010] EWHC 66 (TCC)
Parties
Claimant: Rok Building Limited; Defendant: Celtic Composting Systems Limited (No. 2)
Jurisdiction
England and Wales
Judgment Date
22 January 2010
Procedural Posture
Adjudication Enforcement (summary Judgment) / High Court (tcc) Judgment on Summary Enforcement Application
Outcome
Summary judgment granted in favour of Rok Building Limited (Claimant), with limited permission to defend on one claim.
Legal Topics
Adjudication Enforcement, Natural Justice, Slip Rule Corrections, Retention and Liquidated Damages, Summary Judgment
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Slip Rule Corrections Retention and Liquidated Damages Summary Judgment

Case Brief

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Parties

Rok Building Limited

Claimant

Celtic Composting Systems Limited (No. 2)

Defendant

Procedural Posture

Adjudication Enforcement (summary Judgment) / High Court (tcc) Judgment on Summary Enforcement Application

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced despite alleged errors and breaches of natural justice
  2. 2 Whether the adjudicator properly applied the slip rule for correcting errors or ambiguities
  3. 3 Whether the adjudicator acted unfairly in his conduct and reasoning

Ratio Decidendi

The court held that even if the adjudicator made errors, including potentially serious ones, these do not amount to breaches of natural justice or grounds for refusing enforcement where the adjudicator acted within jurisdiction and followed fair procedure. The slip rule was properly applied, and the adjudicator was not required to revisit substantive issues. The decision is enforceable by summary judgment.

Court Disposition

Summary judgment granted in favour of Rok Building Limited (Claimant), with limited permission to defend on one claim.

Orders

  • Celtic to pay £34,962.86 in respect of retention and £32,500 for wrongfully deducted liquidated damages, plus interest as determined by the adjudicator, less credit for sums already paid.
  • Interest payable from the date of the adjudicator's decision until judgment, and at the judgment rate thereafter.