AT Stannard Ltd v Tobutt & Anor

AT Stannard Ltd v Tobutt & Anor

The Firm, by participating in the adjudication without reservation, waived any right to raise jurisdictional or threshold challenges based on novation; no credible evidence of novation was provided, and summary judgment must be granted in favour of Stannard.

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 / Judgment
Outcome
summary judgment granted in favour of Stannard
Legal Topics
Adjudication Enforcement, Summary Judgment, Novation, Jurisdictional Challenge
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Novation Jurisdictional Challenge

Case Brief

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Parties

A. T. Stannard Limited

Claimant

James Tobutt

Defendant

Thomas Tobutt

Defendant

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced against the Firm
  2. 2 Whether there was a novation transferring contractual obligations from the Firm to the Company
  3. 3 Whether the Firm waived its right to challenge jurisdiction by participating in the adjudication

Ratio Decidendi

The Firm, by participating in the adjudication without reservation, waived any right to raise jurisdictional or threshold challenges based on novation; no credible evidence of novation was provided, and summary judgment must be granted in favour of Stannard.

Court Disposition

summary judgment granted in favour of Stannard

Orders

  • Firm to pay Stannard £53,392.63 plus interest from 1 August 2014 until date of judgment
  • Payment to be made by 31 October 2014