Clark Electrical Ltd v JMD Developments (UK) Ltd

Clark Electrical Ltd v JMD Developments (UK) Ltd

The 7 March 2012 email and payment of the adjudicator’s appointment fee by JMD did not amount to a submission to the adjudicator’s jurisdiction in the full sense. The correspondence was equivocal and did not evidence an ad hoc agreement to be bound by the adjudicator’s decision. Therefore, the adjudicator’s decision is not enforceable by summary judgment.

Parties
Claimant: Clark Electrical Limited; Defendant: JMD Developments (UK) Limited
Jurisdiction
England and Wales
Judgment Date
28 September 2012
Procedural Posture
Civil (construction Dispute) / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Adjudication Agreements, Jurisdictional Challenges, Summary Judgment, Enforcement of Adjudicator's Award
Construction Law Contract Law Adjudication Agreements Jurisdictional Challenges Summary Judgment Enforcement of Adjudicator's Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Clark Electrical Limited

Claimant

JMD Developments (UK) Limited

Defendant

Procedural Posture

Civil (construction Dispute) / Summary Judgment Application

Legal Issues

  1. 1 Whether there was an ad hoc adjudication agreement binding the parties to the adjudicator's decision
  2. 2 Whether payment of the adjudicator's fee and correspondence amounted to submission to jurisdiction
  3. 3 Whether the adjudicator's decision is enforceable by summary judgment

Ratio Decidendi

The 7 March 2012 email and payment of the adjudicator’s appointment fee by JMD did not amount to a submission to the adjudicator’s jurisdiction in the full sense. The correspondence was equivocal and did not evidence an ad hoc agreement to be bound by the adjudicator’s decision. Therefore, the adjudicator’s decision is not enforceable by summary judgment.

Court Disposition

Application for summary judgment dismissed