LJH Paving Ltd v Meeres Civil Engineering Ltd

LJH Paving Ltd v Meeres Civil Engineering Ltd

The dispute had crystallised as Meeres had unequivocally rejected LJH's claim, the claim was not nebulous or ill-defined, and Meeres' jurisdictional objections were not properly raised before the adjudicator and thus waived. Even if the adjudicator lacked jurisdiction over a small severable sum, the court could enforce the remainder of the award.

Parties
Claimant: LJH Paving Limited; Defendant: Meeres Civil Engineering Limited
Jurisdiction
England and Wales
Judgment Date
10 October 2019
Procedural Posture
Civil (construction Dispute) / Summary Judgment Application for Enforcement of Adjudicator's Decision
Outcome
Summary judgment granted for enforcement of the adjudicator's decisions.
Legal Topics
Adjudication Enforcement, Jurisdictional Challenge, Crystallisation of Dispute, Multiple Contracts, Waiver of Jurisdictional Objections, Summary Judgment
Construction Law Civil Procedure Adjudication Enforcement Jurisdictional Challenge Crystallisation of Dispute Multiple Contracts Waiver of Jurisdictional Objections Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

LJH Paving Limited

Claimant

Meeres Civil Engineering Limited

Defendant

Procedural Posture

Civil (construction Dispute) / Summary Judgment Application for Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether a dispute had crystallised prior to the Notice of Adjudication, affecting the adjudicator's jurisdiction
  2. 2 Whether inclusion of sums relating to a different contract in the adjudication invalidated the decision or could be severed
  3. 3 Whether Meeres waived its right to raise jurisdictional objections not properly advanced before the adjudicator

Ratio Decidendi

The dispute had crystallised as Meeres had unequivocally rejected LJH's claim, the claim was not nebulous or ill-defined, and Meeres' jurisdictional objections were not properly raised before the adjudicator and thus waived. Even if the adjudicator lacked jurisdiction over a small severable sum, the court could enforce the remainder of the award.

Court Disposition

Summary judgment granted for enforcement of the adjudicator's decisions.

Orders

  • Meeres Civil Engineering Limited to pay LJH Paving Limited £223,414 (including VAT) together with interest.