GPS Marine Contractors Ltd v Ringway Infrastructure Services Ltd

GPS Marine Contractors Ltd v Ringway Infrastructure Services Ltd

Ringway raised a triable issue regarding compromise/withdrawal, which is not fanciful and has real but weak prospects of success; summary judgment is denied pending determination of this issue. Other grounds raised by Ringway lack real prospect of success and do not preclude enforcement of the adjudicator's decision.

Parties
Claimant: GPS Marine Contractors Limited; Defendant: Ringway Infrastructure Services Limited
Jurisdiction
England and Wales
Judgment Date
17 February 2010
Procedural Posture
Commercial Enforcement / Application for Summary Judgment Under CPR Part 24
Outcome
Summary judgment denied; issue of compromise/withdrawal to be determined at a short hearing.
Legal Topics
Adjudication Enforcement, Jurisdictional Objections, Compromise and Withdrawal, Natural Justice, Fraud in Adjudication
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdictional Objections Compromise and Withdrawal Natural Justice Fraud in Adjudication

Case Brief

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Parties

GPS Marine Contractors Limited

Claimant

Ringway Infrastructure Services Limited

Defendant

Procedural Posture

Commercial Enforcement / Application for Summary Judgment Under CPR Part 24

Legal Issues

  1. 1 Whether there was a compromise or withdrawal of the dispute precluding adjudication
  2. 2 Whether more than one dispute was referred to the adjudicator
  3. 3 Whether the adjudicator's decision is no longer binding

Ratio Decidendi

Ringway raised a triable issue regarding compromise/withdrawal, which is not fanciful and has real but weak prospects of success; summary judgment is denied pending determination of this issue. Other grounds raised by Ringway lack real prospect of success and do not preclude enforcement of the adjudicator's decision.

Court Disposition

Summary judgment denied; issue of compromise/withdrawal to be determined at a short hearing.

Orders

  • Ringway to lodge the sum claimed in court as a condition of permission to defend pending determination of compromise/withdrawal.