Rhode v Markham-David (No 2)

Rhode v Markham-David (No 2)

The adjudication was never validly started due to non-service of the adjudication notice on the respondent in accordance with section 115 of the HGCRA, and the proceedings were invalidated by significant unfairness in the conduct of the adjudication.

Parties
Applicant: Mr Rhode; Respondent: Mr Markham-David
Jurisdiction
England and Wales
Judgment Date
26 March 2007
Procedural Posture
Civil / Trial
Outcome
claim dismissed
Legal Topics
Adjudication Enforcement, Service of Documents, Natural Justice
Construction Law Civil Procedure Adjudication Enforcement Service of Documents Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Rhode

Applicant

Mr Markham-David

Respondent

Procedural Posture

Civil / Trial

Legal Issues

  1. 1 Whether the adjudication notice was validly served on the respondent under section 115 of the HGCRA
  2. 2 Whether the adjudication proceedings were conducted in accordance with minimum standards of fairness and natural justice

Ratio Decidendi

The adjudication was never validly started due to non-service of the adjudication notice on the respondent in accordance with section 115 of the HGCRA, and the proceedings were invalidated by significant unfairness in the conduct of the adjudication.

Court Disposition

claim dismissed

Orders

  • Mr Rhode’s claim to enforce the adjudicator’s decision is dismissed with costs.