Dacy Building Services Ltd v IDM Properties LLP

Dacy Building Services Ltd v IDM Properties LLP

The Defendant, IDM Properties LLP, has a realistic prospect of succeeding in its defence that there was no contract between it and Dacy, and thus the adjudicator lacked jurisdiction. The dispute turns on conflicting evidence and cannot be resolved summarily.

Parties
Claimant: Dacy Building Services Limited; Defendant: IDM Properties LLP
Jurisdiction
England and Wales
Judgment Date
25 November 2016
Procedural Posture
Application for Summary Judgment / Ruling on Summary Judgment Enforcement of Adjudicator's Decision
Outcome
Application for summary judgment dismissed
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Oral Contracts, Summary Judgment
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Oral Contracts Summary Judgment

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Parties

Dacy Building Services Limited

Claimant

IDM Properties LLP

Defendant

Procedural Posture

Application for Summary Judgment / Ruling on Summary Judgment Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether there was a contract between Dacy and IDM Properties LLP
  2. 2 Whether the adjudicator had jurisdiction to determine his own jurisdiction
  3. 3 Whether IDM Properties LLP submitted to the adjudicator's jurisdiction

Ratio Decidendi

The Defendant, IDM Properties LLP, has a realistic prospect of succeeding in its defence that there was no contract between it and Dacy, and thus the adjudicator lacked jurisdiction. The dispute turns on conflicting evidence and cannot be resolved summarily.

Court Disposition

Application for summary judgment dismissed