Birmingham City Council v Paddison Construction Ltd

Birmingham City Council v Paddison Construction Ltd

The first adjudicator made a binding decision on Paddison's loss and/or expense claim, finding no further sum was due beyond that already certified. The dispute referred to the second adjudicator was the same or substantially the same as that previously decided, and thus the second adjudicator had no jurisdiction to act.

Parties
Claimant: Birmingham City Council; Defendant: Paddison Construction Limited
Jurisdiction
England and Wales
Judgment Date
25 September 2008
Procedural Posture
Civil (construction Adjudication) / Judgment on Part 8 Proceedings for Declaratory Relief
Outcome
Declarations granted in favour of BCC; second adjudicator has no jurisdiction.
Legal Topics
Adjudication, Jurisdiction of Adjudicator, Res Judicata, Loss and Expense Claims, Extension of Time
Construction Law Civil Procedure Adjudication Jurisdiction of Adjudicator Res Judicata Loss and Expense Claims Extension of Time

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Parties

Birmingham City Council

Claimant

Paddison Construction Limited

Defendant

Procedural Posture

Civil (construction Adjudication) / Judgment on Part 8 Proceedings for Declaratory Relief

Legal Issues

  1. 1 Whether the dispute referred to the second adjudicator is the same or substantially the same as that referred to the first adjudicator
  2. 2 Whether the first adjudicator made a binding decision on the loss and/or expense claim
  3. 3 Whether the second adjudicator has jurisdiction to act

Ratio Decidendi

The first adjudicator made a binding decision on Paddison's loss and/or expense claim, finding no further sum was due beyond that already certified. The dispute referred to the second adjudicator was the same or substantially the same as that previously decided, and thus the second adjudicator had no jurisdiction to act.

Court Disposition

Declarations granted in favour of BCC; second adjudicator has no jurisdiction.

Orders

  • Declaration that the dispute referred to the second adjudicator is the same or substantially the same as that referred to the first adjudicator.
  • Declaration that the first adjudicator made a binding decision on the dispute.