Mclaughlin & Harvey Limited v LJJ Limited

Mclaughlin & Harvey Limited v LJJ Limited

The adjudicator's revised decision was not a correction of a clerical or typographical error within the meaning of the slip rule and was therefore outside his jurisdiction; the original decision stands and is enforceable. The claimant is entitled to summary judgment for the sum awarded in the original decision.

Parties
Claimant: McLaughlin & Harvey Limited; Defendant: LJJ Limited
Jurisdiction
England and Wales
Judgment Date
11 December 2024
Procedural Posture
Summary Judgment Application (construction Adjudication Enforcement) / Judgment on Application for Summary Judgment
Outcome
Summary judgment granted for the claimant to enforce the adjudicator's original decision.
Legal Topics
Adjudication Enforcement, Summary Judgment, Jurisdiction of Adjudicator, Slip Rule, Doctrine of Election
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Jurisdiction of Adjudicator Slip Rule Doctrine of Election

Case Brief

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Parties

McLaughlin & Harvey Limited

Claimant

LJJ Limited

Defendant

Procedural Posture

Summary Judgment Application (construction Adjudication Enforcement) / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the adjudicator's revised decision was valid and superseded the original decision
  2. 2 Whether the adjudicator acted within jurisdiction in issuing the revised decision
  3. 3 Whether the claimant is prevented from enforcing the original decision due to approbation and reprobation

Ratio Decidendi

The adjudicator's revised decision was not a correction of a clerical or typographical error within the meaning of the slip rule and was therefore outside his jurisdiction; the original decision stands and is enforceable. The claimant is entitled to summary judgment for the sum awarded in the original decision.

Court Disposition

Summary judgment granted for the claimant to enforce the adjudicator's original decision.

Orders

  • Defendant to pay the claimant £808,000 as directed in the adjudicator's decision dated 31 October 2023.