Barry M Cosmetics Ltd v Merit Holdings Ltd

Barry M Cosmetics Ltd v Merit Holdings Ltd

There was a clear dispute as to the value of the final account, properly referable to adjudication. The adjudicator's limitation on the rejoinder was fair and proper, and both parties had the opportunity to present their cases. There was no breach of natural justice. Summary judgment for enforcement is appropriate.

Parties
Claimant: Barry M Cosmetics Limited; Defendant: Merit Holdings Limited
Jurisdiction
England and Wales
Judgment Date
29 January 2019
Procedural Posture
Adjudication Enforcement Application (summary Judgment) / Judgment on Enforcement Application
Outcome
Summary judgment granted to the claimant; enforcement of the adjudicator's decision ordered.
Legal Topics
Adjudication Enforcement, Natural Justice, Summary Judgment, Construction Contracts
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Summary Judgment Construction Contracts

Case Brief

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Parties

Barry M Cosmetics Limited

Claimant

Merit Holdings Limited

Defendant

Procedural Posture

Adjudication Enforcement Application (summary Judgment) / Judgment on Enforcement Application

Legal Issues

  1. 1 Whether there was a dispute capable of being referred to adjudication
  2. 2 Whether the adjudicator acted in breach of the principles of natural justice

Ratio Decidendi

There was a clear dispute as to the value of the final account, properly referable to adjudication. The adjudicator's limitation on the rejoinder was fair and proper, and both parties had the opportunity to present their cases. There was no breach of natural justice. Summary judgment for enforcement is appropriate.

Court Disposition

Summary judgment granted to the claimant; enforcement of the adjudicator's decision ordered.

Orders

  • Summary judgment for the claimant
  • Enforcement of the adjudicator's award