All In One Building & Refurbishments Ltd v Makers UK Ltd [2005] EWHC 2943 (TCC) (19 December 2005)

All In One Building & Refurbishments Ltd v Makers UK Ltd [2005] EWHC 2943 (TCC) (19 December 2005)

A dispute had arisen prior to the adjudication referral, the adjudicator had jurisdiction over all claims including damages for overheads and profit, and there was no breach of natural justice in the adjudication process. The claimant's insolvency did not justify a stay of execution as it was a foreseeable...

Source-derived case information.

Citation
[2005] EWHC 2943 (TCC)
Parties
Claimant: All In One Building & Refurbishments Limited; Defendant: Makers UK Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2005
Procedural Posture
Summary Judgment Application (construction Adjudication Enforcement) / Judgment at First Instance
Outcome
Summary judgment for the claimant; application for stay of execution refused.
Legal Topics
Adjudication Enforcement, Repudiatory Breach of Contract, Jurisdiction of Adjudicator, Natural Justice in Adjudication, Stay of Execution, Insolvency and Enforcement
Construction Law Contract Law Civil Procedure Adjudication Enforcement Repudiatory Breach of Contract Jurisdiction of Adjudicator Natural Justice in Adjudication Stay of Execution +1 more

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Parties

All In One Building & Refurbishments Limited

Claimant

Makers UK Limited

Defendant

Procedural Posture

Summary Judgment Application (construction Adjudication Enforcement) / Judgment at First Instance

Legal Issues

  1. 1 Whether a dispute had crystallised for adjudication under the contract and Housing Grants Construction & Regeneration Act 1996
  2. 2 Whether the adjudicator had jurisdiction over the claims referred, including damages for loss of overheads and profit
  3. 3 Whether the adjudicator's decision was reached in breach of natural justice

Ratio Decidendi

A dispute had arisen prior to the adjudication referral, the adjudicator had jurisdiction over all claims including damages for overheads and profit, and there was no breach of natural justice in the adjudication process. The claimant's insolvency did not justify a stay of execution as it was a foreseeable commercial risk and not materially different from the company's position at contract inception.

Court Disposition

Summary judgment for the claimant; application for stay of execution refused.

Orders

  • Summary judgment granted in favour of All In One Building & Refurbishments Limited for the sum awarded by the adjudicator.
  • Application for stay of execution by Makers UK Limited refused.