Primus Build Ltd v Pompey Centre Ltd & Anor

Primus Build Ltd v Pompey Centre Ltd & Anor

The adjudicator's decision was unenforceable because he based his award on a calculation derived from Primus's accounts, which both parties had agreed were irrelevant, and did so without giving the parties an opportunity to address this new basis, amounting to a material breach of natural justice and/or excess of jurisdiction.

Parties
Claimant: Primus Build Limited; Defendant: Pompey Centre Limited; Defendant: Slidesilver Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2009
Procedural Posture
Construction Contract Enforcement / Judgment on Enforcement of Adjudicator's Decision
Outcome
Application for enforcement of the adjudicator's decision dismissed
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

Construction Contract Enforcement / Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether service of the Notice of Adjudication was valid under the contract
  2. 2 Whether the adjudicator exceeded jurisdiction or breached natural justice by relying on a basis not advanced by the parties

Ratio Decidendi

The adjudicator's decision was unenforceable because he based his award on a calculation derived from Primus's accounts, which both parties had agreed were irrelevant, and did so without giving the parties an opportunity to address this new basis, amounting to a material breach of natural justice and/or excess of jurisdiction.

Court Disposition

Application for enforcement of the adjudicator's decision dismissed