Cain Electrical Ltd v Cox (t/a Pennine Control Systems)

Cain Electrical Ltd v Cox (t/a Pennine Control Systems)

There is no triable issue as to the adjudicator's jurisdiction because CEL now relies solely on the written contract terms, and PCL has always denied any oral terms. The contract was made by exchange of communications in writing, satisfying section 107(2)(b) of the Act. Therefore, the adjudicator had jurisdiction and summary judgment is granted for the unpaid balance and adjudicator's costs.

Parties
Claimant: Cain Electrical Limited; Defendant: Richard Cox t/a Pennine Control Systems
Jurisdiction
England and Wales
Judgment Date
24 May 2011
Procedural Posture
Civil / Application for Summary Judgment to Enforce Adjudicator's Decision
Outcome
Summary judgment granted for the claimant.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Written Construction Contracts, Section 107 Housing Grants Construction and Regeneration Act 1996
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Written Construction Contracts Section 107 Housing Grants Construction and Regeneration Act 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Cain Electrical Limited

Claimant

Richard Cox t/a Pennine Control Systems

Defendant

Procedural Posture

Civil / Application for Summary Judgment to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction under section 107 of the Housing Grants Construction and Regeneration Act 1996 to decide the dispute
  2. 2 Whether the construction contract was in writing as required by the Act
  3. 3 Whether reliance on alleged oral terms deprived the adjudicator of jurisdiction

Ratio Decidendi

There is no triable issue as to the adjudicator's jurisdiction because CEL now relies solely on the written contract terms, and PCL has always denied any oral terms. The contract was made by exchange of communications in writing, satisfying section 107(2)(b) of the Act. Therefore, the adjudicator had jurisdiction and summary judgment is granted for the unpaid balance and adjudicator's costs.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Judgment for the unpaid balance of the adjudicator's decision.
  • Judgment for the amount of the adjudicator's costs.