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 issue of validity of pay less notice 14 based on the evidence and submissions before him without reverting to the parties; his inadvertent failure to consider a material document was not a serious breach of natural justice, especially as the error was substantially caused by the defendant's own conduct; summary judgment for enforcement is granted.

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

Case Brief

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Parties

Broughton Brickwork Ltd

Claimant

F Parkinson Ltd

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudicator's Decision / Judgment

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 error

Ratio Decidendi

The adjudicator was entitled to decide the issue of validity of pay less notice 14 based on the evidence and submissions before him without reverting to the parties; his inadvertent failure to consider a material document was not a serious breach of natural justice, especially as the error was substantially caused by the defendant's own conduct; summary judgment for enforcement is granted.

Court Disposition

Summary judgment granted; adjudicator's decision enforced.

Orders

  • Defendant to pay claimant £96,000 including interest