LJH Paving Ltd v Meeres Civil Engineering Ltd [2019] EWHC 2601 (TCC) (10 October 2019)

LJH Paving Ltd v Meeres Civil Engineering Ltd [2019] EWHC 2601 (TCC) (10 October 2019)

The dispute had crystallised as the claim was sufficiently particularised and unequivocally rejected by Meeres; any jurisdictional objections were not properly raised and thus waived; even if the adjudicator lacked jurisdiction over a minor sum from a different contract, that sum could be severed without affecting...

Source-derived case information.

Citation
[2019] EWHC 2601 (TCC)
Parties
Claimant: LJH Paving Limited; Defendant: Meeres Civil Engineering Limited
Jurisdiction
England and Wales
Judgment Date
10 October 2019
Procedural Posture
Summary Judgment Application / Judgment on Enforcement of Adjudicator's Decision
Outcome
Summary judgment granted for the claimant.
Legal Topics
Adjudication Enforcement, Jurisdictional Challenge, Crystallisation of Dispute, Multiple Contracts in Adjudication
Construction Law Civil Procedure Adjudication Enforcement Jurisdictional Challenge Crystallisation of Dispute Multiple Contracts in Adjudication

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Parties

LJH Paving Limited

Claimant

Meeres Civil Engineering Limited

Defendant

Procedural Posture

Summary Judgment Application / Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether a dispute had crystallised prior to the Notice of Adjudication
  2. 2 Whether the adjudicator exceeded jurisdiction by including sums under a different contract
  3. 3 Whether any jurisdictional objections were waived by the defendant

Ratio Decidendi

The dispute had crystallised as the claim was sufficiently particularised and unequivocally rejected by Meeres; any jurisdictional objections were not properly raised and thus waived; even if the adjudicator lacked jurisdiction over a minor sum from a different contract, that sum could be severed without affecting enforceability of the award.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Enforcement of four adjudicator's decisions in the sum of £223,414 (including VAT) together with interest.