Lobo v Corich & Anor

Lobo v Corich & Anor

The Defendant was properly served with all relevant documents at his last known and contractually specified addresses, and by email as requested. He consciously failed to engage with the proceedings. There was no breach of natural justice or procedural unfairness. The adjudication decision, summary judgment, and charging order stand and are not set aside.

Parties
Claimant: Mr Emile Lobo; Defendant: Mr Robert Corich
Jurisdiction
England and Wales
Judgment Date
21 June 2017
Procedural Posture
Civil (construction Contract Dispute) / Ruling on Applications to Continue Interim Charging Order and to Set Aside Adjudication Decision, Summary Judgment, and Charging Order
Outcome
Applications by Defendant to set aside adjudication decision, summary judgment, and charging order refused; Claimant’s application to continue interim charging order granted.
Legal Topics
Service of Process, Adjudication Enforcement, Natural Justice, Summary Judgment, Charging Orders
Civil Procedure Construction Law Service of Process Adjudication Enforcement Natural Justice Summary Judgment Charging Orders

Case Brief

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Parties

Mr Emile Lobo

Claimant

Mr Robert Corich

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Ruling on Applications to Continue Interim Charging Order and to Set Aside Adjudication Decision, Summary Judgment, and Charging Order

Legal Issues

  1. 1 Whether the Defendant was aware of the adjudication proceedings or the Claimant’s proceedings
  2. 2 Whether the adjudication proceedings were properly constituted with due notice to the Defendant
  3. 3 Whether the Claimant’s proceedings were duly served on the Defendant

Ratio Decidendi

The Defendant was properly served with all relevant documents at his last known and contractually specified addresses, and by email as requested. He consciously failed to engage with the proceedings. There was no breach of natural justice or procedural unfairness. The adjudication decision, summary judgment, and charging order stand and are not set aside.

Court Disposition

Applications by Defendant to set aside adjudication decision, summary judgment, and charging order refused; Claimant’s application to continue interim charging order granted.

Orders

  • Adjudication decision stands and is not set aside.
  • Summary judgment of Jefford J stands and is not set aside.