J J Rhatigan & Co (UK) Ltd v Rosemary Lodge Developments Ltd [2019] EWHC 1152 (TCC) (08 May 2019)

The adjudicator's decision should be enforced because any alleged breach of natural justice was not material; the adjudicator addressed the key defence regarding intention to create legal relations, and any omission of evidence was not crucial or determinative.

Citation: [2019] EWHC 1152 (TCC)
Parties: Claimant: J J Rhatigan & Co (UK) Limited; Defendant: Rosemary Lodge Developments Limited
Jurisdiction: England and Wales
Judgment Date: 08 May 2019
Procedural Posture: Commercial Construction Enforcement / Summary Judgment Application to Enforce Adjudicator's Decision
Outcome: Summary judgment granted for the claimant; adjudicator's decision enforced.
Legal Topics: Adjudication Enforcement, Natural Justice, Intention to Create Legal Relations, Summary Judgment, JCT Contracts

Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Intention to Create Legal Relations Summary Judgment JCT Contracts

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Parties

J J Rhatigan & Co (UK) Limited

Claimant

Rosemary Lodge Developments Limited

Defendant

Procedural Posture

Commercial Construction Enforcement / Summary Judgment Application to Enforce Adjudicator's Decision

Legal Issues

1 Whether the adjudicator's decision should be enforced by summary judgment
2 Whether there was a material breach of natural justice in the adjudication process
3 Whether there was a binding agreement between the parties

Ratio Decidendi

Court Disposition

Summary judgment granted for the claimant; adjudicator's decision enforced.

Orders

Defendant to pay claimant £1,693,659.69 plus VAT as determined by the adjudicator.