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; his failure to consider the relevant email 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 decision unenforceable.

Parties
Claimant: Broughton Brickwork Ltd; Defendant: F Parkinson Ltd
Jurisdiction
England and Wales
Judgment Date
21 October 2014
Procedural Posture
Civil / Summary Judgment Application to Enforce Adjudicator's Decision
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

Civil / Summary Judgment Application to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced despite an alleged breach of natural justice
  2. 2 Whether the adjudicator failed to consider material evidence (an email) and if this amounted to a serious breach of natural justice

Ratio Decidendi

The adjudicator was entitled to decide the validity of pay less notice 14 on the evidence and submissions before him; his failure to consider the relevant email 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 decision unenforceable.

Court Disposition

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

Orders

  • Defendant to pay the sum awarded by the adjudicator (including interest) to the claimant.