Gipping Construction Ltd v Eaves Ltd

Gipping Construction Ltd v Eaves Ltd

There was no breach of natural justice as the adjudicator had discretion not to conduct a site inspection and had sufficient evidence to decide. The claimant is entitled to summary judgment for the sums awarded by the adjudicator, with interest and costs assessed at £3,400. The normal 14-day period for payment applies, with permission for the defendant to apply for an extension if supported by evidence.

Parties
Claimant: Gipping Construction Limited; Defendant: Eaves Limited
Jurisdiction
England and Wales
Judgment Date
11 December 2008
Procedural Posture
Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Summary Judgment Application
Outcome
Judgment for the 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 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Gipping Construction Limited

Claimant

Eaves Limited

Defendant

Procedural Posture

Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator's decision should be summarily enforced
  2. 2 Whether there was a breach of natural justice due to lack of site inspection
  3. 3 Whether time for payment should be extended beyond 14 days

Ratio Decidendi

There was no breach of natural justice as the adjudicator had discretion not to conduct a site inspection and had sufficient evidence to decide. The claimant is entitled to summary judgment for the sums awarded by the adjudicator, with interest and costs assessed at £3,400. The normal 14-day period for payment applies, with permission for the defendant to apply for an extension if supported by evidence.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay claimant £70,852.89 (principal, interest, adjudicator's fees)
  • Interest to continue after judgment at the adjudicator's specified rate