Essential Living (Greenwich) Limited v Conneely Facades Limited

Essential Living (Greenwich) Limited v Conneely Facades Limited

There was no serious breach of natural justice or apparent bias by the adjudicator; any alleged breach did not make a material difference to the outcome, and in any event, Conneely waived its objection by paying the adjudicator's fees without reservation. Essential Living is entitled to summary judgment and...

Source-derived case information.

Parties
Claimant: Essential Living (Greenwich) Limited; Defendant: Conneely Facades Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2024
Procedural Posture
Commercial Construction Enforcement / Summary Judgment Application
Outcome
summary judgment for claimant
Legal Topics
Adjudication Enforcement, Natural Justice, Apparent Bias, Waiver of Objection, Costs (indemnity)
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Apparent Bias Waiver of Objection Costs (indemnity)

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Parties

Essential Living (Greenwich) Limited

Claimant

Conneely Facades Limited

Defendant

Procedural Posture

Commercial Construction Enforcement / Summary Judgment Application

  1. 1 Whether the adjudicator's decision should be enforced summarily
  2. 2 Whether there was a serious breach of natural justice by the adjudicator
  3. 3 Whether there was apparent bias or predetermination by the adjudicator

Ratio Decidendi

There was no serious breach of natural justice or apparent bias by the adjudicator; any alleged breach did not make a material difference to the outcome, and in any event, Conneely waived its objection by paying the adjudicator's fees without reservation. Essential Living is entitled to summary judgment and indemnity costs.

Court Disposition

summary judgment for claimant

Orders

  • Summary judgment granted in favour of Essential Living (Greenwich) Limited
  • Defendant to pay indemnity costs