Iluminesia Limited (t/a Alterego Facades) v RFL Facades Limited

Iluminesia Limited (t/a Alterego Facades) v RFL Facades Limited

A binding contract was formed between AlterEgo and RFL incorporating adjudication provisions; the Notice of Adjudication was valid; the adjudicator acted within jurisdiction and did not breach natural justice; and the principle of approbation and reprobation does not prevent enforcement. RFL has no real prospect of successfully defending the claim at trial.

Parties
Claimant: Iluminesia Limited (t/a AlterEgo Facades); Defendant: RFL Facades Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Summary Judgment Application in Adjudication Enforcement Proceedings / Judgment on Summary Judgment Application
Outcome
Summary judgment granted in favour of AlterEgo.
Legal Topics
Adjudication Enforcement, Contract Formation, Jurisdiction, Natural Justice, Summary Judgment, Approbation and Reprobation
Construction Law Contract Law Civil Procedure Adjudication Enforcement Contract Formation Jurisdiction Natural Justice Summary Judgment +1 more

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Parties

Iluminesia Limited (t/a AlterEgo Facades)

Claimant

RFL Facades Limited

Defendant

Procedural Posture

Summary Judgment Application in Adjudication Enforcement Proceedings / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether a contract was formed between AlterEgo and RFL incorporating adjudication provisions
  2. 2 Whether the adjudicator had jurisdiction to decide the dispute
  3. 3 Whether the Notice of Intention to Refer to Adjudication was valid

Ratio Decidendi

A binding contract was formed between AlterEgo and RFL incorporating adjudication provisions; the Notice of Adjudication was valid; the adjudicator acted within jurisdiction and did not breach natural justice; and the principle of approbation and reprobation does not prevent enforcement. RFL has no real prospect of successfully defending the claim at trial.

Court Disposition

Summary judgment granted in favour of AlterEgo.

Orders

  • AlterEgo awarded summary judgment for £776,920.32 plus applicable VAT, interest, and 80% of the adjudicator’s fee.
  • Further hearing to address consequential matters, permission to appeal, and interrelationship with the Part 8 claim.