Sherwood & Casson Ltd v Mackenzie [1999] EWHC 274 (TCC) (30 November 1999)

Sherwood & Casson Ltd v Mackenzie [1999] EWHC 274 (TCC) (30 November 1999)

The court determined that the second adjudicator had jurisdiction because the dispute referred was not substantially the same as the previous adjudication; the Final Account involved remeasurement and new claims, and the adjudicator's decision was within his statutory authority. The adjudicator was not required to resign, and his decision is enforceable.

Citation
[1999] EWHC 274 (TCC)
Parties
Claimant: Sherwood; Defendant: Mackenzie
Jurisdiction
England and Wales
Judgment Date
30 November 1999
Procedural Posture
Summary Judgment Application (part 8 Cpr) / Judgment
Outcome
judgment for claimant
Legal Topics
Adjudication Enforcement, Jurisdiction, Contractual Disputes, Statutory Scheme
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction Contractual Disputes Statutory Scheme

Case Brief

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Parties

Sherwood

Claimant

Mackenzie

Defendant

Procedural Posture

Summary Judgment Application (part 8 Cpr) / Judgment

Legal Issues

  1. 1 Whether the second adjudicator had jurisdiction to decide the dispute referred to him
  2. 2 Whether the dispute referred was substantially the same as a previous adjudication
  3. 3 Whether the adjudicator should have resigned under paragraph 9(2) of the Scheme

Ratio Decidendi

The court determined that the second adjudicator had jurisdiction because the dispute referred was not substantially the same as the previous adjudication; the Final Account involved remeasurement and new claims, and the adjudicator's decision was within his statutory authority. The adjudicator was not required to resign, and his decision is enforceable.

Court Disposition

judgment for claimant

Orders

  • Sherwood is entitled to £14,198.26 (comprising £12,586.39 and £1,611.87)
  • Interest at 6% from 7 October 1999 to 2 December 1999 (simple interest)