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

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

The adjudicator was entitled to decide the issue on the evidence and submissions before him without reverting to the parties, and his inadvertent failure to consider a material document did not amount to a serious breach of natural justice, particularly as the error was substantially caused by the defendant's own conduct. The decision was not obviously unfair or outside jurisdiction, so summary judgment enforcing the adjudicator's decision should be granted.

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

Case Brief

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Parties

Broughton Brickwork Ltd

Claimant

F Parkinson Ltd

Defendant

Procedural Posture

Summary Judgment Application (adjudication Enforcement) / High Court (tcc) Summary Judgment Hearing

Legal Issues

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

Ratio Decidendi

The adjudicator was entitled to decide the issue on the evidence and submissions before him without reverting to the parties, and his inadvertent failure to consider a material document did not amount to a serious breach of natural justice, particularly as the error was substantially caused by the defendant's own conduct. The decision was not obviously unfair or outside jurisdiction, so summary judgment enforcing the adjudicator's decision should be granted.

Court Disposition

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

Orders

  • Defendant to pay the sum awarded by the adjudicator to the claimant.