Rok Building Ltd v Celtic Composting Systems Ltd (No. 2)

Rok Building Ltd v Celtic Composting Systems Ltd (No. 2)

The adjudicator acted within jurisdiction and did not breach the rules of natural justice. Alleged errors or misapprehensions of fact or law, including any failure to apply the slip rule as Celtic wished, do not render the decision unenforceable. The slip rule does not permit substantive reconsideration. Rok is entitled to summary judgment for the sums awarded by the adjudicator, less any payments already made.

Parties
Claimant: Rok Building Limited; Defendant: Celtic Composting Systems Limited (No. 2)
Jurisdiction
England and Wales
Judgment Date
22 January 2010
Procedural Posture
Civil (construction Adjudication Enforcement) / Judgment on Summary Enforcement Application
Outcome
Summary judgment granted in favour of Rok Building Limited, with limited permission to defend on one claim.
Legal Topics
Adjudication Enforcement, Natural Justice, Slip Rule, Summary Judgment
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Slip Rule Summary Judgment

Case Brief

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Parties

Rok Building Limited

Claimant

Celtic Composting Systems Limited (No. 2)

Defendant

Procedural Posture

Civil (construction Adjudication Enforcement) / 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 failed to apply the slip rule correctly or fairly
  3. 3 Whether the adjudicator's refusal to revisit his decision constituted a breach of natural justice

Ratio Decidendi

The adjudicator acted within jurisdiction and did not breach the rules of natural justice. Alleged errors or misapprehensions of fact or law, including any failure to apply the slip rule as Celtic wished, do not render the decision unenforceable. The slip rule does not permit substantive reconsideration. Rok is entitled to summary judgment for the sums awarded by the adjudicator, less any payments already made.

Court Disposition

Summary judgment granted in favour of Rok Building Limited, 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 any sums already paid.
  • Interest payable from the date of the adjudicator's decision until judgment, and judgment rate thereafter.