Mailbox (Birmingham) Ltd v Galliford Try Construction Ltd [2017] EWHC 67 (TCC) (01 February 2017)

Mailbox (Birmingham) Ltd v Galliford Try Construction Ltd [2017] EWHC 67 (TCC) (01 February 2017)

Mailbox's rights under the contract were legally assigned to the Security Trustee but were validly re-assigned to Mailbox before the adjudication commenced, entitling Mailbox to enforce the adjudicator's decision. The adjudicator had jurisdiction. Interest is not payable under the Late Payment Act but is awarded at the commercial court rate under section 35A of the Senior Courts Act 1981.

Citation
[2017] EWHC 67 (TCC)
Parties
Claimant: Mailbox (Birmingham) Limited; Defendant: Galliford Try Construction Limited
Jurisdiction
England and Wales
Judgment Date
01 February 2017
Procedural Posture
Adjudication Enforcement Application (summary Judgment) / High Court (technology and Construction Court) Summary Judgment
Outcome
Summary judgment for the claimant; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Assignment and Re Assignment of Contractual Rights, Interest on Adjudication Awards, Jurisdiction of Adjudicator, Summary Judgment
Construction Law Contract Law Civil Procedure Adjudication Enforcement Assignment and Re Assignment of Contractual Rights Interest on Adjudication Awards Jurisdiction of Adjudicator Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mailbox (Birmingham) Limited

Claimant

Galliford Try Construction Limited

Defendant

Procedural Posture

Adjudication Enforcement Application (summary Judgment) / High Court (technology and Construction Court) Summary Judgment

Legal Issues

  1. 1 Whether Mailbox had assigned its rights under the contract to the Security Trustee and thus lacked standing to commence adjudication
  2. 2 Whether there was a valid re-assignment of rights to Mailbox before the adjudication
  3. 3 Whether the adjudicator had jurisdiction

Ratio Decidendi

Mailbox's rights under the contract were legally assigned to the Security Trustee but were validly re-assigned to Mailbox before the adjudication commenced, entitling Mailbox to enforce the adjudicator's decision. The adjudicator had jurisdiction. Interest is not payable under the Late Payment Act but is awarded at the commercial court rate under section 35A of the Senior Courts Act 1981.

Court Disposition

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

Orders

  • GTC to pay Mailbox £2,477,152.86
  • GTC to pay interest at 2.25% to 12 January 2017 (£10,383.68) and thereafter at £152.70 per day