Platform Interior Solutions Ltd v ISG Construction Ltd [2020] EWHC 945 (TCC) (21 April 2020)

Platform Interior Solutions Ltd v ISG Construction Ltd [2020] EWHC 945 (TCC) (21 April 2020)

ISG did not waive its right to challenge the adjudicator's decision by paying the adjudicator's fees, as it expressly reserved its rights. The adjudicator did not breach natural justice or fail to exhaust jurisdiction; she was entitled to reach her decision on the material before her, even if the precise reasoning was not advanced by either party. The decision was adequately reasoned and enforceable.

Citation
[2020] EWHC 945 (TCC)
Parties
Claimant: Platform Interior Solutions Limited; Defendant: ISG Construction Limited
Jurisdiction
England and Wales
Judgment Date
21 April 2020
Procedural Posture
Enforcement of Adjudicator's Decision (construction Dispute) / Judgment on Summary Enforcement Application
Outcome
Application to enforce adjudicator's decision granted; challenge dismissed.
Legal Topics
Adjudication Enforcement, Natural Justice in Adjudication, Waiver of Rights, Jurisdictional Challenge, Contract Termination, Valuation of Works
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice in Adjudication Waiver of Rights Jurisdictional Challenge Contract Termination +1 more

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Parties

Platform Interior Solutions Limited

Claimant

ISG Construction Limited

Defendant

Procedural Posture

Enforcement of Adjudicator's Decision (construction Dispute) / Judgment on Summary Enforcement Application

Legal Issues

  1. 1 Whether payment of adjudicator's fees amounts to waiver of right to challenge decision
  2. 2 Whether the adjudicator's decision is unenforceable due to breach of natural justice
  3. 3 Whether the adjudicator failed to exhaust jurisdiction or give adequate reasons

Ratio Decidendi

ISG did not waive its right to challenge the adjudicator's decision by paying the adjudicator's fees, as it expressly reserved its rights. The adjudicator did not breach natural justice or fail to exhaust jurisdiction; she was entitled to reach her decision on the material before her, even if the precise reasoning was not advanced by either party. The decision was adequately reasoned and enforceable.

Court Disposition

Application to enforce adjudicator's decision granted; challenge dismissed.

Orders

  • Enforcement of adjudicator's decision in favour of Platform Interior Solutions Limited for £417,541.33 plus VAT.