Manor Co-Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) (27 October 2022)

Manor Co-Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) (27 October 2022)

The adjudicator did not breach natural justice because the claimant's case that its conduct amounted to acceptance of repudiatory breach was not advanced in the adjudication; the adjudicator considered and rejected the only alternative case put (that the termination notice constituted acceptance), and was not required to consider the substantive question of repudiatory conduct once that failed.

Citation
[2022] EWHC 2715 (TCC)
Parties
Claimant: Manor Co-Living Limited; Defendant: RY Construction Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2022
Procedural Posture
Part 8 Claim / Judgment on Application for Declarations Regarding Adjudicator's Decision
Outcome
Claim dismissed
Legal Topics
Adjudication, Termination of Contract, Repudiatory Breach, Natural Justice, Jurisdiction of Adjudicator
Construction Law Contract Law Civil Procedure Adjudication Termination of Contract Repudiatory Breach Natural Justice Jurisdiction of Adjudicator

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Parties

Manor Co-Living Limited

Claimant

RY Construction Limited

Defendant

Procedural Posture

Part 8 Claim / Judgment on Application for Declarations Regarding Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator breached natural justice by failing to consider the claimant's defence of common law entitlement to terminate the contract
  2. 2 Whether the adjudicator had jurisdiction to consider the defence of common law repudiatory breach
  3. 3 Whether the claimant's conduct amounted to acceptance of repudiatory breach

Ratio Decidendi

The adjudicator did not breach natural justice because the claimant's case that its conduct amounted to acceptance of repudiatory breach was not advanced in the adjudication; the adjudicator considered and rejected the only alternative case put (that the termination notice constituted acceptance), and was not required to consider the substantive question of repudiatory conduct once that failed.

Court Disposition

Claim dismissed

Orders

  • The Part 8 Claim for declarations is dismissed.