Allied P&L Ltd v Paradigm Housing Group Ltd

There was a crystallised dispute regarding the grounds for termination prior to the Notice of Adjudication, but not regarding the financial consequences. However, Paradigm did not make an effective reservation of jurisdictional objection on the grounds now advanced. As a result, Paradigm acceded to the adjudicator's jurisdiction over all claims referred, and the adjudicator's decision is enforceable in full.

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 (enforcement of Adjudicator's Decision) / Judgment
Outcome: Judgment for the Claimant (Allied); adjudicator's decision enforced.
Legal Topics: Adjudication Enforcement, Jurisdictional Challenge, Crystallisation of Dispute, Severability of Adjudicator's Decision, Costs Assessment

Construction Law Contract Law Adjudication Enforcement Jurisdictional Challenge Crystallisation of Dispute Severability of Adjudicator's Decision Costs Assessment

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Parties

Allied P & L Limited

Claimant

Paradigm Housing Group Limited

Defendant

Procedural Posture

Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment

Legal Issues

1 Whether a crystallised dispute existed prior to adjudication
2 Whether the adjudicator had jurisdiction over the claims referred
3 Whether Paradigm made an effective reservation of jurisdictional objection

Ratio Decidendi

Court Disposition

Judgment for the Claimant (Allied); adjudicator's decision enforced.

Orders

Paradigm to pay Allied the adjudicated sum (£274,279.35)
Paradigm to pay interest (£4,791.75)