Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017] EWHC 1066 (TCC) (11 May 2017)

Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017] EWHC 1066 (TCC) (11 May 2017)

By inviting the adjudicator to correct errors under the slip rule without expressly reserving the right to challenge enforcement, the defendant elected to treat the decision as valid and is precluded from contesting enforcement on grounds of breach of natural justice. Alternatively, the adjudicator did address the substantive issues raised, and any alleged breach was not material.

Citation
[2017] EWHC 1066 (TCC)
Parties
Claimant: Dawnus Construction Holdings Limited; Defendant: Marsh Life Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2017
Procedural Posture
Summary Judgment Application for Enforcement of Adjudication Decision / High Court (tcc) Application for Summary Judgment
Outcome
Summary judgment granted for the claimant
Legal Topics
Adjudication Enforcement, Natural Justice, Summary Judgment, Contract Interpretation, Waiver and Election
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Summary Judgment Contract Interpretation Waiver and Election

Case Brief

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Parties

Dawnus Construction Holdings Limited

Claimant

Marsh Life Limited

Defendant

Procedural Posture

Summary Judgment Application for Enforcement of Adjudication Decision / High Court (tcc) Application for Summary Judgment

Legal Issues

  1. 1 Whether the defendant is precluded from challenging enforcement of the adjudicator's decision due to waiver/election by inviting correction under the slip rule without reservation of rights
  2. 2 Whether there was a material breach of natural justice by the adjudicator in failing to address the defendant's defences to loss and expense claims

Ratio Decidendi

By inviting the adjudicator to correct errors under the slip rule without expressly reserving the right to challenge enforcement, the defendant elected to treat the decision as valid and is precluded from contesting enforcement on grounds of breach of natural justice. Alternatively, the adjudicator did address the substantive issues raised, and any alleged breach was not material.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Defendant to pay the sum awarded by the adjudicator (£1,038,018.30 plus VAT and interest)
  • Defendant to pay the adjudicator's fees (£43,597.00 plus VAT)