Primus Build Ltd v Pompey Centre Ltd & Anor [2009] EWHC 1487 (TCC) (16 June 2009)

Primus Build Ltd v Pompey Centre Ltd & Anor [2009] EWHC 1487 (TCC) (16 June 2009)

The adjudicator's decision was unenforceable because it was based on a profit calculation derived from Primus's accounts, which both parties had agreed were irrelevant, and neither party had an opportunity to address the adjudicator's approach, constituting a material breach of natural justice and/or excess of...

Source-derived case information.

Citation
[2009] EWHC 1487 (TCC)
Parties
Claimant: Primus Build Limited; Defendant: Pompey Centre Limited; Defendant: Slidesilver Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2009
Procedural Posture
Claim for Enforcement of Adjudicator's Decision / Judgment on Enforcement Application
Outcome
Claim dismissed; adjudicator's decision not enforced.
Legal Topics
Adjudication Enforcement, Service of Notice, Jurisdiction of Adjudicator, Natural Justice, Costs in Adjudication
Construction Law Contract Law Civil Procedure Adjudication Enforcement Service of Notice Jurisdiction of Adjudicator Natural Justice Costs in Adjudication

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Parties

Primus Build Limited

Claimant

Pompey Centre Limited

Defendant

Slidesilver Limited

Defendant

Procedural Posture

Claim for Enforcement of Adjudicator's Decision / Judgment on Enforcement Application

Legal Issues

  1. 1 Whether service of the Notice of Adjudication complied with contractual requirements and affected jurisdiction
  2. 2 Whether the adjudicator's reliance on a basis not advanced by either party constituted a breach of natural justice or excess of jurisdiction

Ratio Decidendi

The adjudicator's decision was unenforceable because it was based on a profit calculation derived from Primus's accounts, which both parties had agreed were irrelevant, and neither party had an opportunity to address the adjudicator's approach, constituting a material breach of natural justice and/or excess of jurisdiction.

Court Disposition

Claim dismissed; adjudicator's decision not enforced.

Orders

  • Application for summary judgment refused
  • No enforcement of adjudicator's decision