Mailbox (Birmingham) Ltd v Galliford Try Construction Ltd

Mailbox (Birmingham) Ltd v Galliford Try Construction Ltd

On or by 19 August 2016, Mailbox had beneficial ownership of all rights and benefits under the contract and was entitled to commence adjudication proceedings; the adjudicator had jurisdiction and his decision is valid. The claimant is entitled to summary judgment enforcing the adjudicator's decision, with interest at the commercial court rate.

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 Application
Outcome
Summary judgment for the claimant; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Assignment and Re Assignment of Contract Rights, Interest on Adjudication Awards, Jurisdiction of Adjudicator
Construction Law Contract Law Civil Procedure Adjudication Enforcement Assignment and Re Assignment of Contract Rights Interest on Adjudication Awards Jurisdiction of Adjudicator

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Parties

Mailbox (Birmingham) Limited

Claimant

Galliford Try Construction Limited

Defendant

Procedural Posture

Adjudication Enforcement Application / Summary Judgment Application

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

On or by 19 August 2016, Mailbox had beneficial ownership of all rights and benefits under the contract and was entitled to commence adjudication proceedings; the adjudicator had jurisdiction and his decision is valid. The claimant is entitled to summary judgment enforcing the adjudicator's decision, with interest at the commercial court rate.

Court Disposition

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

Orders

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