MG Scaffolding (Oxford) Ltd v Palmloch Ltd

MG Scaffolding (Oxford) Ltd v Palmloch Ltd

The notice of adjudication, though addressed to a trading name, objectively and unambiguously identified Palmloch as the correct legal entity, and thus validly commenced adjudication against it. There was no real risk of confusion, and Palmloch did not waive its jurisdictional objection by participating with reservation.

Parties
Claimant: MG Scaffolding (Oxford) Ltd; Defendant: Palmloch Ltd
Jurisdiction
England and Wales
Judgment Date
09 July 2019
Procedural Posture
Civil (construction Adjudication Enforcement) / Summary Judgment Application
Outcome
Summary judgment for the Claimant
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Misdescription of Parties, Summary Judgment
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Misdescription of Parties Summary Judgment

Case Brief

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Parties

MG Scaffolding (Oxford) Ltd

Claimant

Palmloch Ltd

Defendant

Procedural Posture

Civil (construction Adjudication Enforcement) / Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator lacked jurisdiction due to misdescription of the responding party in the notice of adjudication
  2. 2 Whether the notice of adjudication validly commenced proceedings against the correct legal entity
  3. 3 Whether Palmloch waived its jurisdictional objection by participating in the adjudication

Ratio Decidendi

The notice of adjudication, though addressed to a trading name, objectively and unambiguously identified Palmloch as the correct legal entity, and thus validly commenced adjudication against it. There was no real risk of confusion, and Palmloch did not waive its jurisdictional objection by participating with reservation.

Court Disposition

Summary judgment for the Claimant

Orders

  • Defendant to pay Claimant £57,473.74 plus VAT together with interest