Clark Electrical Ltd v JMD Developments (UK) Ltd [2012] EWHC 2627 (TCC) (28 September 2012)

Clark Electrical Ltd v JMD Developments (UK) Ltd [2012] EWHC 2627 (TCC) (28 September 2012)

Neither the email of 7 March 2012 nor the payment of the adjudicator's appointment fee by JMD amounted to a submission to the adjudicator's jurisdiction in the full sense; there was no binding ad hoc adjudication agreement, and the adjudicator's decision was not enforceable.

Citation
[2012] EWHC 2627 (TCC)
Parties
Claimant: Clark Electrical Limited; Defendant: JMD Developments (UK) Limited
Jurisdiction
England and Wales
Judgment Date
28 September 2012
Procedural Posture
Summary Judgment Application / Judgment on Application for Summary Judgment to Enforce Adjudication Award
Outcome
Application for summary judgment dismissed
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Ad Hoc Adjudication Agreements, Summary Judgment, Housing Grants, Construction and Regeneration Act 1996
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Ad Hoc Adjudication Agreements Summary Judgment Housing Grants, Construction and Regeneration Act 1996

Case Brief

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Parties

Clark Electrical Limited

Claimant

JMD Developments (UK) Limited

Defendant

Procedural Posture

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

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 constituted submission to jurisdiction
  3. 3 Whether the adjudicator's decision was enforceable in the absence of statutory or contractual adjudication rights

Ratio Decidendi

Neither the email of 7 March 2012 nor the payment of the adjudicator's appointment fee by JMD amounted to a submission to the adjudicator's jurisdiction in the full sense; there was no binding ad hoc adjudication agreement, and the adjudicator's decision was not enforceable.

Court Disposition

Application for summary judgment dismissed

Orders

  • Application for summary judgment to enforce adjudication award is dismissed