Whiteways Contractors (Sussex) Ltd v. Impresa Castelli Construction Ltd [2000] EWHC Technology 67 (9th August, 2000)

Whiteways Contractors (Sussex) Ltd v. Impresa Castelli Construction Ltd [2000] EWHC Technology 67 (9th August, 2000)

The adjudicator had jurisdiction to decide the matters referred, as both parties requested him to determine jurisdiction. Abatement arguments must be notified in accordance with HGCRA; failure to do so precludes reliance on abatement to reduce the sum ordered. The adjudicator's decision is enforceable.

Source-derived case information.

Citation
[2000] EWHC Technology 67
Parties
Claimant: Whiteways Contractors Ltd; Defendant: Impresa Castelli Construction UK Limited
Jurisdiction
England and Wales
Procedural Posture
Summary Judgment Application / Judgment
Outcome
judgment for claimant
Legal Topics
Adjudication Enforcement, Jurisdiction, Abatement, Set Off, Housing Grants Construction and Regeneration Act 1996
Construction Law Contract Law Adjudication Enforcement Jurisdiction Abatement Set Off Housing Grants Construction and Regeneration Act 1996

Source-derived case record

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Parties

Whiteways Contractors Ltd

Claimant

Impresa Castelli Construction UK Limited

Defendant

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether the adjudicator acted in excess of jurisdiction
  2. 2 Whether abatement can be relied upon to reduce the sum ordered
  3. 3 Whether the adjudicator's decision should be enforced

Ratio Decidendi

The adjudicator had jurisdiction to decide the matters referred, as both parties requested him to determine jurisdiction. Abatement arguments must be notified in accordance with HGCRA; failure to do so precludes reliance on abatement to reduce the sum ordered. The adjudicator's decision is enforceable.

Court Disposition

judgment for claimant

Orders

  • Defendants to pay £95,383.50 inclusive of VAT plus £2,215.40 interest, totalling £97,598.90 by 4 p.m. on 23 August, 2000.
  • Defendants to pay claimants' costs assessed at £5,600 exclusive of VAT plus £738 for taking judgment, totalling £5,504.00.