Multiplex Constructions (UK) Ltd v Mott MacDonald Ltd [2007] EWHC 20 (TCC) (10 January 2007)

Multiplex Constructions (UK) Ltd v Mott MacDonald Ltd [2007] EWHC 20 (TCC) (10 January 2007)

The adjudicator was acting within his jurisdiction in determining the true meaning of 'all records pertinent to the Services' as this was a live dispute between the parties, and his decision is binding until finally determined by agreement or arbitration. However, whether Mott MacDonald has complied with the...

Source-derived case information.

Citation
[2007] EWHC 20 (TCC)
Parties
Claimant: Multiplex Constructions (UK) Limited; Defendant: Mott MacDonald Limited
Jurisdiction
England and Wales
Judgment Date
10 January 2007
Procedural Posture
Application for Summary Judgment to Enforce Adjudicator's Decision / Summary Judgment Hearing
Outcome
Declaration granted that the adjudicator's decision is binding; summary judgment for specific performance, injunction, or damages refused.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Interpretation of Contract Terms, Specific Performance, Declaratory Relief
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Interpretation of Contract Terms Specific Performance Declaratory Relief

Source-derived case record

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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Multiplex Constructions (UK) Limited

Claimant

Mott MacDonald Limited

Defendant

Procedural Posture

Application for Summary Judgment to Enforce Adjudicator's Decision / Summary Judgment Hearing

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the disputes referred to him
  2. 2 Whether the adjudicator's decision is binding on the parties
  3. 3 Whether Mott MacDonald complied with the adjudicator's decision

Ratio Decidendi

The adjudicator was acting within his jurisdiction in determining the true meaning of 'all records pertinent to the Services' as this was a live dispute between the parties, and his decision is binding until finally determined by agreement or arbitration. However, whether Mott MacDonald has complied with the adjudicator's decision is a factual issue that cannot be resolved on summary judgment.

Court Disposition

Declaration granted that the adjudicator's decision is binding; summary judgment for specific performance, injunction, or damages refused.

Orders

  • Declaration that the adjudicator's decision is binding on the parties until finally determined by agreement or arbitration.
  • Application for summary judgment for specific performance, injunction, or damages dismissed.