Ex Novo Limited v MPS Housing Ltd

Ex Novo Limited v MPS Housing Ltd

There was a single contract with variations between the parties, not multiple contracts. The adjudicator had jurisdiction to make the award, and the defendant's argument that there were multiple contracts has no real prospect of success. Summary judgment is granted for the claimant for the full amount claimed.

Parties
Claimant: Ex Novo Limited; Defendant: MPS Housing Limited
Jurisdiction
England and Wales
Judgment Date
17 December 2020
Procedural Posture
Summary Judgment Application to Enforce Adjudication Award / Judgment
Outcome
Summary judgment for the claimant; adjudicator's award enforced
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Multiplicity of Contracts, Summary Judgment, Variation of Contracts
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Multiplicity of Contracts Summary Judgment Variation of Contracts

Case Brief

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Parties

Ex Novo Limited

Claimant

MPS Housing Limited

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudication Award / Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to determine the dispute
  2. 2 Whether there was a single contract with variations or multiple contracts between the parties
  3. 3 Whether the adjudicator's decision on jurisdiction is unchallengeable at enforcement stage

Ratio Decidendi

There was a single contract with variations between the parties, not multiple contracts. The adjudicator had jurisdiction to make the award, and the defendant's argument that there were multiple contracts has no real prospect of success. Summary judgment is granted for the claimant for the full amount claimed.

Court Disposition

Summary judgment for the claimant; adjudicator's award enforced

Orders

  • Summary judgment for the claimant in the sum of £307,357.45