Corebuild Ltd v Cleaver & Anor

Corebuild Ltd v Cleaver & Anor

The adjudicator breached natural justice by deciding the repudiation issue on a factual basis not argued by either party and without giving Defendants opportunity to address it; the award is unenforceable.

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 / Ruling on Enforcement of Adjudication Award
Outcome
Application dismissed
Legal Topics
Adjudication Enforcement, Natural Justice, Repudiatory Breach, Stay of Execution, Insolvency
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Repudiatory Breach Stay of Execution Insolvency

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Parties

Corebuild Limited

Claimant

Mr Tom Cleaver

Defendant

Ms Hanna Osmolska

Defendant

Procedural Posture

Summary Judgment Application / Ruling on Enforcement of Adjudication Award

Legal Issues

  1. 1 Whether the adjudicator's award is enforceable given alleged breaches of natural justice
  2. 2 Whether wrongful termination constituted repudiatory breach
  3. 3 Whether summary judgment should be stayed due to claimant's insolvency

Ratio Decidendi

The adjudicator breached natural justice by deciding the repudiation issue on a factual basis not argued by either party and without giving Defendants opportunity to address it; the award is unenforceable.

Court Disposition

Application dismissed

Orders

  • Summary judgment refused
  • No enforcement of adjudication award