Sitol Limited v Finegold & Anor

The contract was between Sitol Limited and the Finegolds, through Proman as agent, but the adjudication was referred too late under the contract's notification clause, so enforcement is denied.

Parties: Claimant: Sitol Limited; Defendant: R. Finegold; Defendant: H. Finegold
Jurisdiction: England and Wales
Judgment Date: 18 December 2018
Procedural Posture: Application to Enforce Adjudication Decision / Summary Judgment
Outcome: application dismissed
Legal Topics: Adjudication Enforcement, Contractual Relationships, Notification of Dispute, Summary Judgment

Construction Law Contract Law Adjudication Enforcement Contractual Relationships Notification of Dispute Summary Judgment

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Parties

Sitol Limited

Claimant

R. Finegold

Defendant

H. Finegold

Defendant

Procedural Posture

Application to Enforce Adjudication Decision / Summary Judgment

Legal Issues

1 Whether Sitol Limited contracted with the Finegolds or Proman UK Limited
2 Whether the adjudication was referred within the contractual time limits

Ratio Decidendi

The contract was between Sitol Limited and the Finegolds, through Proman as agent, but the adjudication was referred too late under the contract's notification clause, so enforcement is denied.

Court Disposition

application dismissed