AC Yule & Son Ltd v Speedwell Roofing & Cladding Ltd [2007] EWHC 1360 (TCC) (31 May 2007)

AC Yule & Son Ltd v Speedwell Roofing & Cladding Ltd [2007] EWHC 1360 (TCC) (31 May 2007)

Speedwell, by its silence and conduct, acquiesced to the adjudicator's request for an extension of time, or is estopped from denying the validity of the decision. The adjudicator's decision was therefore valid and enforceable, as the statutory time limits are mandatory but can be extended by agreement or estoppel.

Citation
[2007] EWHC 1360 (TCC)
Parties
Claimant: AC Yule & Son Limited; Defendant: Speedwell Roofing & Cladding Limited
Jurisdiction
England and Wales
Judgment Date
31 May 2007
Procedural Posture
CPR Part 24 Application to Enforce Adjudicator's Decision / Judgment on Enforcement Application
Outcome
Judgment for the claimant; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Time Limits in Adjudication, Estoppel, Natural Justice
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Time Limits in Adjudication Estoppel Natural Justice

Case Brief

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Parties

AC Yule & Son Limited

Claimant

Speedwell Roofing & Cladding Limited

Defendant

Procedural Posture

CPR Part 24 Application to Enforce Adjudicator's Decision / Judgment on Enforcement Application

Legal Issues

  1. 1 Whether an adjudicator's decision delivered after the agreed extended period is a nullity
  2. 2 Whether the defendant is estopped from denying the validity of the decision due to its conduct and silence
  3. 3 Whether the statutory time limits for adjudication decisions are mandatory or directory

Ratio Decidendi

Speedwell, by its silence and conduct, acquiesced to the adjudicator's request for an extension of time, or is estopped from denying the validity of the decision. The adjudicator's decision was therefore valid and enforceable, as the statutory time limits are mandatory but can be extended by agreement or estoppel.

Court Disposition

Judgment for the claimant; adjudicator's decision enforced.

Orders

  • Enforcement of adjudicator's decision in favour of Yule for £191,661.42 plus interest and adjudicator's fees.