Bennett (Electrical) Services Ltd v Inviron Ltd [2007] EWHC 49 (TCC) (19 January 2007)

Bennett (Electrical) Services Ltd v Inviron Ltd [2007] EWHC 49 (TCC) (19 January 2007)

No binding contract in writing existed between the parties as required by section 107 of the Housing Grants, Construction and Regeneration Act 1996; the letter of intent was expressly 'subject to contract', key terms were not recorded in writing or incorporated by reference, and the adjudicator therefore lacked jurisdiction. Summary judgment to enforce the adjudication award must be refused.

Citation
[2007] EWHC 49 (TCC)
Parties
Claimant: Bennett (Electrical) Services Limited; Defendant: Inviron Limited
Jurisdiction
England and Wales
Judgment Date
19 January 2007
Procedural Posture
Summary Judgment Application to Enforce Adjudication Award / Judgment on Application for Summary Judgment
Outcome
Application for summary judgment dismissed
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Construction Contracts, Letters of Intent, Section 107 Housing Grants, Construction and Regeneration Act 1996
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Construction Contracts Letters of Intent Section 107 Housing Grants, Construction and Regeneration Act 1996

Case Brief

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Parties

Bennett (Electrical) Services Limited

Claimant

Inviron Limited

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudication Award / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether a binding construction contract existed between the parties within the meaning of section 107 of the Housing Grants, Construction and Regeneration Act 1996
  2. 2 Whether the adjudicator had jurisdiction to determine the dispute
  3. 3 Whether the claimant is entitled to summary judgment to enforce the adjudication award

Ratio Decidendi

No binding contract in writing existed between the parties as required by section 107 of the Housing Grants, Construction and Regeneration Act 1996; the letter of intent was expressly 'subject to contract', key terms were not recorded in writing or incorporated by reference, and the adjudicator therefore lacked jurisdiction. Summary judgment to enforce the adjudication award must be refused.

Court Disposition

Application for summary judgment dismissed

Orders

  • Claimant's application for summary judgment is dismissed