Broughton Brickwork Ltd v F Parkinson Ltd

Broughton Brickwork Ltd v F Parkinson Ltd

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 the relevant email was a procedural error, not a serious breach of natural justice, and was substantially caused by the defendant's own conduct. Therefore, there was no real prospect of a successful defence and summary judgment should be entered.

Parties
Claimant: Broughton Brickwork Ltd; Defendant: F Parkinson Ltd
Jurisdiction
England and Wales
Judgment Date
21 October 2014
Procedural Posture
Civil (construction Adjudication Enforcement) / Summary Judgment Application
Outcome
Summary judgment granted for the claimant; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Natural Justice, Summary Judgment, Procedural Fairness
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Summary Judgment Procedural Fairness

Case Brief

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Parties

Broughton Brickwork Ltd

Claimant

F Parkinson Ltd

Defendant

Procedural Posture

Civil (construction Adjudication Enforcement) / Summary Judgment Application

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 validity of pay less notice 14 on the evidence and submissions before him without reverting to the parties. His failure to consider the relevant email was a procedural error, not a serious breach of natural justice, and was substantially caused by the defendant's own conduct. Therefore, there was no real prospect of a successful defence and summary judgment should be entered.

Court Disposition

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

Orders

  • Summary judgment entered for the claimant for the adjudicated sum.