Jacques & Anor (t/a C&E Jacques Partnership) v Ensign Contractors Ltd

Jacques & Anor (t/a C&E Jacques Partnership) v Ensign Contractors Ltd

The adjudicator acted within jurisdiction in excluding the previous adjudicator's null and void decision as evidence, did not breach natural justice, and properly considered the substantive defences and evidence put forward by the Contractor. Enforcement of the adjudicator's decision is granted, but a stay of execution is imposed on £60,000 of the judgment sum due to the Employer's inability to repay.

Parties
Claimant: Cynthia Jacques; Claimant: Elise Jacques Grombach (trading as C&E Jacques Partnership); Defendant: Ensign Contractors Limited
Jurisdiction
England and Wales
Judgment Date
22 December 2009
Procedural Posture
Summary Judgment Application for Enforcement of Adjudicator's Decision / Judgment
Outcome
Judgment for the Claimant; enforcement of adjudicator's decision with partial stay of execution.
Legal Topics
Adjudication Enforcement, Natural Justice, Stay of Execution, Costs
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Stay of Execution Costs

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Parties

Cynthia Jacques

Claimant

Elise Jacques Grombach (trading as C&E Jacques Partnership)

Claimant

Ensign Contractors Limited

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the adjudicator failed to apply the rules of natural justice by refusing to consider a previous adjudicator's decision
  2. 2 Whether the adjudicator failed to consider or address defences properly put forward by the Contractor
  3. 3 Whether a stay of execution should be granted due to the Claimants' financial position

Ratio Decidendi

The adjudicator acted within jurisdiction in excluding the previous adjudicator's null and void decision as evidence, did not breach natural justice, and properly considered the substantive defences and evidence put forward by the Contractor. Enforcement of the adjudicator's decision is granted, but a stay of execution is imposed on £60,000 of the judgment sum due to the Employer's inability to repay.

Court Disposition

Judgment for the Claimant; enforcement of adjudicator's decision with partial stay of execution.

Orders

  • Defendant to pay Claimant £96,868.18 plus VAT and interest, subject to a stay of execution on £60,000 of the judgment sum.
  • Defendant to indemnify Claimant for any payment made to the Adjudicator up to £25,623.15 and interest until reimbursement.