AT Stannard Ltd v Tobutt & Anor [2014] EWHC 3491 (TCC) (24 October 2014)

AT Stannard Ltd v Tobutt & Anor [2014] EWHC 3491 (TCC) (24 October 2014)

The defendants, by participating in the adjudication without raising any jurisdictional challenge, waived their right to object to enforcement on that ground; no credible evidence of novation was provided; summary judgment must be granted for the claimant.

Citation
[2014] EWHC 3491 (TCC)
Parties
Claimant: A. T. Stannard Limited; Defendant: James Tobutt; Defendant: Thomas Tobutt
Jurisdiction
England and Wales
Judgment Date
24 October 2014
Procedural Posture
Summary Judgment Application for Enforcement of Adjudicator's Decision / Judgment After Hearing of Summary Judgment Application
Outcome
Summary judgment granted for the claimant
Legal Topics
Adjudication Enforcement, Summary Judgment, Jurisdictional Challenge, Novation, Costs
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Jurisdictional Challenge Novation Costs

Case Brief

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Parties

A. T. Stannard Limited

Claimant

James Tobutt

Defendant

Thomas Tobutt

Defendant

Procedural Posture

Summary Judgment Application for Enforcement of Adjudicator's Decision / Judgment After Hearing of Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced by summary judgment
  2. 2 Whether the defendants waived their right to challenge jurisdiction by participating in the adjudication without reservation
  3. 3 Whether there was a novation transferring obligations from the Firm to the Company

Ratio Decidendi

The defendants, by participating in the adjudication without raising any jurisdictional challenge, waived their right to object to enforcement on that ground; no credible evidence of novation was provided; summary judgment must be granted for the claimant.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Defendants to pay £53,392.63 plus interest from 1 August 2014 until judgment date, by 31 October 2014
  • Defendants to pay claimant's costs in the sum of £12,000