Broughton Brickwork Ltd v F Parkinson Ltd [2014] EWHC 4525 (QB) (21 October 2014)

Broughton Brickwork Ltd v F Parkinson Ltd [2014] EWHC 4525 (QB) (21 October 2014)

The adjudicator was entitled to decide the validity of pay less notice 14 on the evidence and submissions before him without reverting to the parties. His failure to consider a material document was an inadvertent procedural error substantially caused by the defendant's own conduct and did not amount to a serious breach of natural justice or render the process obviously unfair. Summary judgment for enforcement is appropriate.

Citation
[2014] EWHC 4525
Parties
Claimant: Broughton Brickwork Ltd; Defendant: F Parkinson Ltd
Jurisdiction
England and Wales
Judgment Date
21 October 2014
Procedural Posture
Application for Summary Judgment to Enforce Adjudicator's Decision / High Court (queen's Bench Division, Technology and Construction Court), Summary Judgment Hearing
Outcome
Summary judgment granted for the claimant; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Natural Justice, Summary Judgment, Payment Notices in Construction Contracts
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Summary Judgment Payment Notices in Construction Contracts

Case Brief

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Parties

Broughton Brickwork Ltd

Claimant

F Parkinson Ltd

Defendant

Procedural Posture

Application for Summary Judgment to Enforce Adjudicator's Decision / High Court (queen's Bench Division, Technology and Construction Court), Summary Judgment Hearing

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced despite alleged breach of natural justice
  2. 2 Whether failure to consider a material document constituted a serious procedural irregularity

Ratio Decidendi

The adjudicator was entitled to decide the validity of pay less notice 14 on the evidence and submissions before him without reverting to the parties. His failure to consider a material document was an inadvertent procedural error substantially caused by the defendant's own conduct and did not amount to a serious breach of natural justice or render the process obviously unfair. Summary judgment for enforcement is appropriate.

Court Disposition

Summary judgment granted for the claimant; adjudicator's decision enforced.

Orders

  • Defendant to pay the sum awarded by the adjudicator (£96,000 including interest)