All In One Building & Refurbishments Ltd v Makers UK Ltd

All In One Building & Refurbishments Ltd v Makers UK Ltd

A dispute had arisen prior to the notice of referral; the adjudicator had jurisdiction over all claims referred, including damages for loss of overheads and profit; there was no breach of natural justice in the adjudication process; and the claimant's insolvency did not warrant a stay of execution on the summary judgment.

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

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Parties

All In One Building & Refurbishments Limited

Claimant

Makers UK Limited

Defendant

Procedural Posture

Civil (construction Dispute) / Summary Judgment Application

Legal Issues

  1. 1 Whether a dispute had arisen under the sub-contract for adjudication
  2. 2 Whether the adjudicator had jurisdiction over the claims referred
  3. 3 Whether the adjudicator's decision offended the rules of natural justice

Ratio Decidendi

A dispute had arisen prior to the notice of referral; the adjudicator had jurisdiction over all claims referred, including damages for loss of overheads and profit; there was no breach of natural justice in the adjudication process; and the claimant's insolvency did not warrant a stay of execution on the summary judgment.

Court Disposition

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

Orders

  • Summary judgment entered for All In One Building & Refurbishments Limited as claimed.
  • Application for stay of execution by Makers UK Limited refused.