Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd

Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd

The Defendant has a real prospect of success in disputing the jurisdictional issue under section 105(2)(c) of the Construction Act, and the Court does not have all necessary evidence for a proper determination; summary judgment is refused, conditional upon the Defendant paying the sum claimed into Court.

Source-derived case information.

Parties
Claimant: Engie Fabricom UK Limited; Defendant: MW High Tech Projects UK Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2019
Procedural Posture
Commercial Construction Dispute / Application for Summary Judgment
Outcome
Application for summary judgment refused, conditional upon Defendant paying sum into Court.
Legal Topics
Adjudication Enforcement, Jurisdiction Under Construction Act, Summary Judgment Procedure
Construction Law Contract Law Adjudication Enforcement Jurisdiction Under Construction Act Summary Judgment Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Engie Fabricom UK Limited

Claimant

MW High Tech Projects UK Limited

Defendant

Procedural Posture

Commercial Construction Dispute / Application for Summary Judgment

Legal Issues

  1. 1 Whether the works are excluded 'construction operations' under section 105(2)(c) of the Housing Grants Construction and Regeneration Act 1996
  2. 2 Whether the primary activity at the site is power generation or waste treatment
  3. 3 Whether summary judgment is appropriate given the evidential complexity

Ratio Decidendi

The Defendant has a real prospect of success in disputing the jurisdictional issue under section 105(2)(c) of the Construction Act, and the Court does not have all necessary evidence for a proper determination; summary judgment is refused, conditional upon the Defendant paying the sum claimed into Court.

Court Disposition

Application for summary judgment refused, conditional upon Defendant paying sum into Court.

Orders

  • Defendant to pay £41,766.30 into Court within 21 days as condition for refusal of summary judgment.
  • Counsel to prepare an Order reflecting the judgment and directions for trial.