Allen Wilson Shopfitters v Buckingham

Allen Wilson Shopfitters v Buckingham

The adjudicator had jurisdiction because the contract, evidenced by the first letter of intent and incorporating the JCT 1998 adjudication provisions, governed the disputed works. The payment mechanism and residential occupier exclusion did not affect enforceability. The adjudication agreement was not unfair. Summary judgment is granted for the sums awarded by the adjudicator.

Parties
Claimant: Allen Wilson Shopfitters & Builders Limited; Defendant: Mr. Anthony Buckingham
Jurisdiction
England and Wales
Judgment Date
27 May 2005
Procedural Posture
Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Application for Summary Judgment
Outcome
Summary judgment granted for the claimant.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Construction Contracts, Summary Judgment, Unfair Terms in Consumer Contracts Regulations, Residential Occupier Exclusion
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Construction Contracts Summary Judgment Unfair Terms in Consumer Contracts Regulations +1 more

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Parties

Allen Wilson Shopfitters & Builders Limited

Claimant

Mr. Anthony Buckingham

Defendant

Procedural Posture

Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the dispute under the contract
  2. 2 Whether the contract incorporated an adjudication agreement
  3. 3 Whether the payment mechanism affected enforceability

Ratio Decidendi

The adjudicator had jurisdiction because the contract, evidenced by the first letter of intent and incorporating the JCT 1998 adjudication provisions, governed the disputed works. The payment mechanism and residential occupier exclusion did not affect enforceability. The adjudication agreement was not unfair. Summary judgment is granted for the sums awarded by the adjudicator.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Defendant to pay £50,401.35 to the claimant.
  • Defendant to pay interest as agreed or determined under the Late Payment of Commercial Debts Interest Act 1998.