Corebuild Ltd v Cleaver & Anor [2019] EWHC 2170 (TCC) (07 August 2019)
The adjudicator's decision was unenforceable due to a material breach of natural justice, as he determined a key issue on a factual basis not argued by the parties and without giving the Defendants an opportunity to address it.
- Citation
- [2019] EWHC 2170 (TCC)
- Parties
- Claimant: Corebuild Limited; Defendant: Mr Tom Cleaver; Defendant: Ms Hanna Osmolska
- Jurisdiction
- England and Wales
- Judgment Date
- 07 August 2019
- Procedural Posture
- Summary Judgment Application to Enforce Adjudication Award / Judgment on Application for Summary Judgment
- Outcome
- Application dismissed
- Legal Topics
- Adjudication Enforcement, Repudiatory Breach, Natural Justice, Stay of Execution, Insolvency
Case Brief
Summary, issues, holding and outcome
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Parties
Corebuild Limited
Claimant
Mr Tom Cleaver
Defendant
Ms Hanna Osmolska
Defendant
Procedural Posture
Summary Judgment Application to Enforce Adjudication Award / Judgment on Application for Summary Judgment
Legal Issues
- 1 Whether the adjudicator's decision is unenforceable due to breach of natural justice
- 2 Whether summary judgment should be granted to enforce the adjudication award
- 3 Whether a stay of execution should be ordered due to the claimant's financial position
Ratio Decidendi
The adjudicator's decision was unenforceable due to a material breach of natural justice, as he determined a key issue on a factual basis not argued by the parties and without giving the Defendants an opportunity to address it.
Court Disposition
Application dismissed
Orders
- Summary judgment refused
- No enforcement of adjudication award
Full Case Text
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