ISG Construction Ltd v Platform Interior Solutions Ltd [2020] EWHC 1120 (TCC) (07 May 2020)

ISG Construction Ltd v Platform Interior Solutions Ltd [2020] EWHC 1120 (TCC) (07 May 2020)

ISG's Part 8 claim does not fall within either of the two exceptions in Hutton permitting refusal to enforce an adjudicator's decision, as the issue raised was not raised in the adjudication and is not a short, self-contained point. The adjudicator applied the approach both parties suggested. It would be wrong to grant declarations preventing enforcement of the adjudicator's decision.

Citation
[2020] EWHC 1120 (TCC)
Parties
Claimant: ISG Construction Limited; Defendant: Platform Interior Solutions Limited
Jurisdiction
England and Wales
Judgment Date
07 May 2020
Procedural Posture
CPR Part 8 Claim / Judgment Following Hearing of Part 8 Claim
Outcome
Declarations sought by ISG refused.
Legal Topics
Adjudication Enforcement, Summary Judgment, Declarations Under Part 8, Jurisdiction of Adjudicator, Natural Justice
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Declarations Under Part 8 Jurisdiction of Adjudicator Natural Justice

Case Brief

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Parties

ISG Construction Limited

Claimant

Platform Interior Solutions Limited

Defendant

Procedural Posture

CPR Part 8 Claim / Judgment Following Hearing of Part 8 Claim

Legal Issues

  1. 1 Whether the adjudicator's decision was beyond rational justification and inconsistent with the sub-contract terms
  2. 2 Whether the Part 8 claim falls within the exceptions permitting challenge to adjudicator's decision as set out in Hutton Construction Ltd v Wilson Properties Ltd
  3. 3 Whether declarations should be granted to prevent enforcement of the adjudicator's decision

Ratio Decidendi

ISG's Part 8 claim does not fall within either of the two exceptions in Hutton permitting refusal to enforce an adjudicator's decision, as the issue raised was not raised in the adjudication and is not a short, self-contained point. The adjudicator applied the approach both parties suggested. It would be wrong to grant declarations preventing enforcement of the adjudicator's decision.

Court Disposition

Declarations sought by ISG refused.

Orders

  • Declarations sought by ISG at this stage are not granted.