Lee v Chartered Properties (Building) Ltd [2010] EWHC 1540 (TCC) (25 June 2010)

Lee v Chartered Properties (Building) Ltd [2010] EWHC 1540 (TCC) (25 June 2010)

The adjudicator's decision was unenforceable because it was not delivered as soon as possible after being reached, as required by the Scheme for Construction Contracts. There were also triable issues regarding the validity of the adjudicator's appointment and whether the parties had settled their claims prior to...

Source-derived case information.

Citation
[2010] EWHC 1540 (TCC)
Parties
Claimant: Lorraine Lee; Defendant: Chartered Properties (Building) Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2010
Procedural Posture
Claim to Set Aside Statutory Demand and Challenge Adjudicator's Decision / Summary Judgment Application
Outcome
Adjudicator's decision declared unenforceable; summary judgment refused for both parties; triable issues remain for trial.
Legal Topics
Adjudication Enforcement, Statutory Demand, Jurisdiction of Adjudicator, Settlement Agreements, Natural Justice, Summary Judgment
Construction Law Contract Law Civil Procedure Adjudication Enforcement Statutory Demand Jurisdiction of Adjudicator Settlement Agreements Natural Justice +1 more

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Parties

Lorraine Lee

Claimant

Chartered Properties (Building) Limited

Defendant

Procedural Posture

Claim to Set Aside Statutory Demand and Challenge Adjudicator's Decision / Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator's decision was enforceable given alleged late delivery
  2. 2 Whether the adjudicator was validly appointed
  3. 3 Whether a dispute had crystallised

Ratio Decidendi

The adjudicator's decision was unenforceable because it was not delivered as soon as possible after being reached, as required by the Scheme for Construction Contracts. There were also triable issues regarding the validity of the adjudicator's appointment and whether the parties had settled their claims prior to adjudication, precluding summary judgment.

Court Disposition

Adjudicator's decision declared unenforceable; summary judgment refused for both parties; triable issues remain for trial.

Orders

  • The adjudicator's decision dated 13 November 2009 and issued 16 November 2009 is unenforceable.
  • No summary judgment granted to either party.