Treasure & Son Ltd v Dawes [2007] EWHC 2420 (TCC) (25 October 2007)

Treasure & Son Ltd v Dawes [2007] EWHC 2420 (TCC) (25 October 2007)

The adjudicator's decision is enforceable as the contract contained a binding adjudication agreement unaffected by any alleged oral variation, there is no contractual requirement for the decision to be signed, and the claimant's financial position does not justify a stay of execution.

Citation
[2007] EWHC 2420 (TCC)
Parties
Claimant: Treasure & Son Limited; Defendant: Martin Dawes
Jurisdiction
England and Wales
Judgment Date
25 October 2007
Procedural Posture
Summary Judgment Application (cpr Part 24) to Enforce Adjudicator's Decision / Judgment After Hearing
Outcome
Summary judgment for the claimant; application to enforce adjudicator's decision granted; no stay of execution.
Legal Topics
Adjudication Enforcement, Oral Variation of Contract, Requirement for Written Decision, Stay of Execution, Jurisdiction of Adjudicator
Construction Law Contract Law Civil Procedure Adjudication Enforcement Oral Variation of Contract Requirement for Written Decision Stay of Execution Jurisdiction of Adjudicator

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Parties

Treasure & Son Limited

Claimant

Martin Dawes

Defendant

Procedural Posture

Summary Judgment Application (cpr Part 24) to Enforce Adjudicator's Decision / Judgment After Hearing

Legal Issues

  1. 1 Whether an oral variation of a written construction contract deprives the adjudicator of jurisdiction
  2. 2 Whether an adjudicator's decision must be signed to be enforceable
  3. 3 Whether a stay of execution should be granted due to the claimant's financial position

Ratio Decidendi

The adjudicator's decision is enforceable as the contract contained a binding adjudication agreement unaffected by any alleged oral variation, there is no contractual requirement for the decision to be signed, and the claimant's financial position does not justify a stay of execution.

Court Disposition

Summary judgment for the claimant; application to enforce adjudicator's decision granted; no stay of execution.

Orders

  • Defendant to pay claimant £1,222,818.05 (including VAT and adjudicator's fees)
  • Interest awarded from 4 September 2007 at £10,802.29 up to 11 October 2007; further interest to be determined