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)
Source-derived case record
Summary, issues, holding and outcome
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Parties
Essential Living (Greenwich) Limited
Claimant
Conneely Facades Limited
Defendant
Procedural Posture
Commercial Construction Enforcement / Summary Judgment Application
Legal Issues
- 1 Whether the adjudicator's decision should be enforced summarily
- 2 Whether there was a serious breach of natural justice by the adjudicator
- 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
Full Case Text
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