Supablast (Nationwide) Ltd. v Story Rail Ltd.

Supablast (Nationwide) Ltd. v Story Rail Ltd.

There was only one sub-contract between the parties covering all works, as evidenced by the parties' conduct, documentation, and the minutes of the 16 January 2008 meeting. The arguments for two sub-contracts lack reality. The adjudicator had jurisdiction, and summary judgment should be granted to enforce his decision.

Source-derived case information.

Parties
Claimant: Supablast (Nationwide) Limited; Defendant: Story Rail Limited
Jurisdiction
England and Wales
Judgment Date
21 January 2010
Procedural Posture
Summary Judgment Application (adjudication Enforcement) / Judgment on Summary Enforcement of Adjudicator's Decision
Outcome
Summary judgment for the claimant (Supablast) enforcing the adjudicator's decision.
Legal Topics
Adjudication Enforcement, Jurisdictional Challenge, Variation of Contract, Estoppel by Convention, Summary Judgment
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdictional Challenge Variation of Contract Estoppel by Convention Summary Judgment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Supablast (Nationwide) Limited

Claimant

Story Rail Limited

Defendant

Procedural Posture

Summary Judgment Application (adjudication Enforcement) / Judgment on Summary Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether there was one or two sub-contracts between the parties
  2. 2 Whether the adjudicator had jurisdiction to decide the dispute referred
  3. 3 Whether the steelwork repairs were a variation or a separate contract

Ratio Decidendi

There was only one sub-contract between the parties covering all works, as evidenced by the parties' conduct, documentation, and the minutes of the 16 January 2008 meeting. The arguments for two sub-contracts lack reality. The adjudicator had jurisdiction, and summary judgment should be granted to enforce his decision.

Court Disposition

Summary judgment for the claimant (Supablast) enforcing the adjudicator's decision.

Orders

  • Story Rail to pay Supablast the sum awarded by the adjudicator (£262,366.09 plus VAT)
  • Story Rail to pay the adjudicator's fees and expenses (£19,651 plus VAT)