Gipping Construction Ltd v Eaves Ltd [2008] EWHC 3134 (TCC) (11 December 2008)

Gipping Construction Ltd v Eaves Ltd [2008] EWHC 3134 (TCC) (11 December 2008)

The adjudicator's decision is enforceable by summary judgment as there was no breach of natural justice; adjudicator had discretion not to conduct site inspection and had sufficient evidence. Payment is due within 14 days, and costs are summarily assessed at £3,400.

Citation
[2008] EWHC 3134 (TCC)
Parties
Claimant: Gipping Construction Limited; Defendant: Eaves Limited
Jurisdiction
England and Wales
Judgment Date
11 December 2008
Procedural Posture
Summary Judgment Application for Enforcement of Adjudicator's Decision / Judgment
Outcome
Judgment for claimant
Legal Topics
Adjudication Enforcement, Natural Justice, Costs Assessment, Summary Judgment
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Costs Assessment Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Gipping Construction Limited

Claimant

Eaves Limited

Defendant

Procedural Posture

Summary Judgment Application for Enforcement of Adjudicator's Decision / Judgment

Legal Issues

  1. 1 Whether adjudicator's decision should be enforced by summary judgment
  2. 2 Whether failure to conduct site inspection breached rules of natural justice
  3. 3 Whether extension of time for payment should be granted

Ratio Decidendi

The adjudicator's decision is enforceable by summary judgment as there was no breach of natural justice; adjudicator had discretion not to conduct site inspection and had sufficient evidence. Payment is due within 14 days, and costs are summarily assessed at £3,400.

Court Disposition

Judgment for claimant

Orders

  • Defendant to pay claimant £70,852.89 (principal, interest, adjudicator's fees) within 14 days
  • Defendant to pay claimant's costs summarily assessed at £3,400 within 14 days