Lee v Chartered Properties (Building) Ltd

Lee v Chartered Properties (Building) Ltd

The adjudicator's decision was unenforceable due to late delivery, and triable issues exist regarding the validity of the adjudicator's appointment and whether the parties had settled their claims.

Parties
Claimant: Lorraine Lee; Defendant: Chartered Properties (Building) Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2010
Procedural Posture
Civil / Judgment
Outcome
Adjudicator's decision declared unenforceable; triable issues remain on appointment validity and settlement.
Legal Topics
Adjudication, Enforcement of Adjudicator's Decision, Natural Justice, Settlement Agreements
Construction Law Contract Law Adjudication Enforcement of Adjudicator's Decision Natural Justice Settlement Agreements

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Parties

Lorraine Lee

Claimant

Chartered Properties (Building) Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Validity of adjudicator's appointment
  2. 2 Existence of a crystallised dispute
  3. 3 Referral of more than one dispute

Ratio Decidendi

The adjudicator's decision was unenforceable due to late delivery, and triable issues exist regarding the validity of the adjudicator's appointment and whether the parties had settled their claims.

Court Disposition

Adjudicator's decision declared unenforceable; triable issues remain on appointment validity and settlement.

Orders

  • Adjudicator's decision is unenforceable due to late delivery.
  • Triable issues on adjudicator's appointment and settlement to proceed.