Berry Piling Systems Ltd v Sheer Projects Ltd

Berry Piling Systems Ltd v Sheer Projects Ltd

The adjudicator's decision was not reached in breach of natural justice as the determinative issue was Sheer's failure to provide proper analysis of delay, not the point allegedly raised without reference to the parties. Berry's current and projected financial position did not justify a stay of execution.

Parties
Claimant: Berry Piling Systems Limited; Defendant: Sheer Projects Limited
Jurisdiction
England and Wales
Judgment Date
21 February 2012
Procedural Posture
Civil Commercial/construction / Application for Summary Judgment
Outcome
Summary judgment granted; application for stay refused.
Legal Topics
Adjudication Enforcement, Natural Justice, Stay of Execution, Summary Judgment
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Stay of Execution Summary Judgment

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 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Berry Piling Systems Limited

Claimant

Sheer Projects Limited

Defendant

Procedural Posture

Civil Commercial/construction / Application for Summary Judgment

Legal Issues

  1. 1 Whether the adjudicator's decision was reached in breach of natural justice and is therefore unenforceable
  2. 2 Whether enforcement of summary judgment should be stayed pending arbitration due to the claimant's financial position

Ratio Decidendi

The adjudicator's decision was not reached in breach of natural justice as the determinative issue was Sheer's failure to provide proper analysis of delay, not the point allegedly raised without reference to the parties. Berry's current and projected financial position did not justify a stay of execution.

Court Disposition

Summary judgment granted; application for stay refused.

Orders

  • Sheer to pay the judgment sum (£20,459.89 plus VAT if applicable) to Berry's solicitors within 7 days from 15 February 2012.
  • Interest of £260 up to 2 February 2012, and thereafter at 6.75% per annum until payment (daily rate £4.54).