SUDLOWS LIMITED v GLOBAL SWITCH ESTATES 1 LIMITED

SUDLOWS LIMITED v GLOBAL SWITCH ESTATES 1 LIMITED

The disputes in Adjudications 5 and 6 were not the same or substantially the same due to different time periods and new evidence; therefore, the adjudicator in Adjudication 6 was not bound by the earlier decision. The primary adjudication decision is unenforceable due to a breach of natural justice, but the alternative findings are severable and enforceable as both parties agreed to their determination and they were fully reasoned.

Parties
Claimant: Sudlows Limited; Defendant: Global Switch Estates 1 Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Civil (construction/commercial) / Judgment on Summary Judgment Application and Part 8 Claim
Outcome
Primary adjudication decision in favour of Sudlows not enforced; alternative findings in favour of Global Switch enforced.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice, Extension of Time (eot), Loss and Expense Claims, Liquidated Damages, Severance of Adjudicator's Decision
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice Extension of Time (eot) Loss and Expense Claims +2 more

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Parties

Sudlows Limited

Claimant

Global Switch Estates 1 Limited

Defendant

Procedural Posture

Civil (construction/commercial) / Judgment on Summary Judgment Application and Part 8 Claim

Legal Issues

  1. 1 Whether the adjudicator in Adjudication 6 was bound by the decision in Adjudication 5 regarding extension of time and relevant events
  2. 2 Whether the primary adjudication decision can be enforced given the alleged breach of natural justice
  3. 3 Whether the alternative findings of the adjudicator are severable and enforceable

Ratio Decidendi

The disputes in Adjudications 5 and 6 were not the same or substantially the same due to different time periods and new evidence; therefore, the adjudicator in Adjudication 6 was not bound by the earlier decision. The primary adjudication decision is unenforceable due to a breach of natural justice, but the alternative findings are severable and enforceable as both parties agreed to their determination and they were fully reasoned.

Court Disposition

Primary adjudication decision in favour of Sudlows not enforced; alternative findings in favour of Global Switch enforced.

Orders

  • Summary judgment for Sudlows refused.
  • Alternative adjudicator's award in favour of Global Switch for £209,053.01 plus VAT, interest, and fees enforced.