Allied P&L Ltd v Paradigm Housing Group Ltd [2009] EWHC 2890 (TCC) (17 November 2009)

Allied P&L Ltd v Paradigm Housing Group Ltd [2009] EWHC 2890 (TCC) (17 November 2009)

There was a crystallised dispute as to liability for termination prior to the adjudication referral, but not as to the quantum consequences. However, Paradigm did not make an effective jurisdictional reservation regarding the quantum claims, and thus acceded to the adjudicator's jurisdiction over all claims. The...

Source-derived case information.

Citation
[2009] EWHC 2890 (TCC)
Parties
Claimant: Allied P & L Limited; Defendant: Paradigm Housing Group Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2009
Procedural Posture
Summary Judgment Application to Enforce Adjudicator's Decision / Judgment After Hearing on Enforcement of Adjudicator's Decision
Outcome
Judgment for Allied P & L Limited; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Crystallisation of Dispute, Severability of Adjudicator's Decision, Costs Assessment
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Crystallisation of Dispute Severability of Adjudicator's Decision Costs Assessment

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Summary, issues, holding and outcome

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Parties

Allied P & L Limited

Claimant

Paradigm Housing Group Limited

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudicator's Decision / Judgment After Hearing on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether a crystallised dispute existed at the time of the adjudication referral
  2. 2 Whether the adjudicator had jurisdiction over the referred claims, including quantum
  3. 3 Whether Paradigm made an effective reservation as to jurisdiction

Ratio Decidendi

There was a crystallised dispute as to liability for termination prior to the adjudication referral, but not as to the quantum consequences. However, Paradigm did not make an effective jurisdictional reservation regarding the quantum claims, and thus acceded to the adjudicator's jurisdiction over all claims. The adjudicator's decision is enforceable in full.

Court Disposition

Judgment for Allied P & L Limited; adjudicator's decision enforced.

Orders

  • Paradigm to pay £274,279.35 to Allied for principal sum awarded by adjudicator.
  • Paradigm to pay interest of £4,791.75.