Van Elle Limited v Keynvor Morlift Limited

Van Elle Limited v Keynvor Morlift Limited

The Construction Act applies to contracts for construction operations in England, where England extends to the river mouth as defined by international conventions and statutory orders, not limited by the Ordnance Survey map. The adjudicator's decision is enforceable as there was no material breach of natural justice.

Source-derived case information.

Parties
Claimant: Van Elle Limited; Defendant: Keynvor Morlift Limited
Jurisdiction
England and Wales
Judgment Date
30 May 2024
Procedural Posture
Summary Judgment Application / Judgment on Enforcement of Adjudicator's Decision
Outcome
Summary judgment granted; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Jurisdiction, Natural Justice, Statutory Interpretation
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction Natural Justice Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Van Elle Limited

Claimant

Keynvor Morlift Limited

Defendant

Procedural Posture

Summary Judgment Application / Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Does the Housing Grants Construction and Regeneration Act 1996 apply to the contract for piling works at Fowey Harbour?
  2. 2 Was there a breach of natural justice in the adjudicator's decision?

Ratio Decidendi

The Construction Act applies to contracts for construction operations in England, where England extends to the river mouth as defined by international conventions and statutory orders, not limited by the Ordnance Survey map. The adjudicator's decision is enforceable as there was no material breach of natural justice.

Court Disposition

Summary judgment granted; adjudicator's decision enforced.

Orders

  • Defendant to pay Claimant £335,142.33 plus interest as determined by the adjudicator.
  • Defendant to bear liability for adjudicator's fees and expenses.