Speymill Contracts Ltd v Baskind

Speymill Contracts Ltd v Baskind

The adjudicator considered the theft and fraud allegations as far as necessary and concluded Mr Baskind had not discharged the burden of proving service of withholding notices. Since these issues were before the adjudicator and adjudicated upon, and no excess of jurisdiction or breach of natural justice occurred, summary judgment enforcing the adjudicator’s decision must be granted.

Parties
Appellant: Speymill Contracts Limited; Respondent: Eric Baskind
Jurisdiction
England and Wales
Judgment Date
25 February 2010
Procedural Posture
Civil Appeal / Appeal From Refusal of Summary Judgment in Adjudication Enforcement Proceedings
Outcome
appeal allowed; summary judgment granted for Speymill, subject to stay of execution
Legal Topics
Adjudication Enforcement, Summary Judgment, Fraud Allegations, Withholding Notices
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Fraud Allegations Withholding Notices

Case Brief

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Parties

Speymill Contracts Limited

Appellant

Eric Baskind

Respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Summary Judgment in Adjudication Enforcement Proceedings

Legal Issues

  1. 1 Whether summary judgment enforcing an adjudicator’s decision should be granted despite allegations of theft and fraud
  2. 2 Whether the adjudicator properly considered the theft/fraud allegations
  3. 3 Effect of fraud allegations raised during adjudication on enforcement of adjudicator’s decision

Ratio Decidendi

The adjudicator considered the theft and fraud allegations as far as necessary and concluded Mr Baskind had not discharged the burden of proving service of withholding notices. Since these issues were before the adjudicator and adjudicated upon, and no excess of jurisdiction or breach of natural justice occurred, summary judgment enforcing the adjudicator’s decision must be granted.

Court Disposition

appeal allowed; summary judgment granted for Speymill, subject to stay of execution

Orders

  • Summary judgment entered for Speymill Contracts Limited for the amount awarded by the adjudicator, subject to the stay of execution ordered by the judge
  • Applications to adduce further evidence refused