Prater Ltd v John Sisk & Son (Holdings) Ltd

Prater Ltd v John Sisk & Son (Holdings) Ltd

Unless and until successfully challenged before the Court, an adjudicator's decision remains binding and enforceable, and a lack of jurisdiction in an earlier adjudication does not affect the enforceability of a subsequent adjudication decision relying on it. The matters referred in Adjudication 2 were part of a...

Source-derived case information.

Parties
Claimant: Prater Limited; Defendant: John Sisk & Son (Holdings) Limited
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Commercial Construction Dispute / Summary Judgment Application for Enforcement of Adjudication Decision
Outcome
Summary judgment granted for the Claimant
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Interpretation of Contractual Adjudication Provisions
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Interpretation of Contractual Adjudication Provisions

Source-derived case record

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 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Prater Limited

Claimant

John Sisk & Son (Holdings) Limited

Defendant

Procedural Posture

Commercial Construction Dispute / Summary Judgment Application for Enforcement of Adjudication Decision

Legal Issues

  1. 1 Whether lack of jurisdiction in an earlier adjudication affects enforceability of a subsequent adjudication decision
  2. 2 Whether multiple disputes were improperly referred in a single adjudication
  3. 3 Interpretation of NEC3 Option W2 adjudication scheme

Ratio Decidendi

Unless and until successfully challenged before the Court, an adjudicator's decision remains binding and enforceable, and a lack of jurisdiction in an earlier adjudication does not affect the enforceability of a subsequent adjudication decision relying on it. The matters referred in Adjudication 2 were part of a single dispute, and summary judgment for enforcement is appropriate.

Court Disposition

Summary judgment granted for the Claimant

Orders

  • Claimant to draft an order for enforcement of the adjudicator's decision awarding £1,757,821.35 plus VAT and interest pursuant to section 35A of the Senior Courts Act 1981 from 2 February 2021 to the date of payment