Global Switch Estates 1 Ltd v Sudlows Ltd

Global Switch Estates 1 Ltd v Sudlows Ltd

The adjudicator’s failure to consider Sudlows’ material defences (including loss and expense claims) due to an erroneous view of jurisdiction constituted a plain and material breach of the rules of natural justice, rendering the adjudication decision unenforceable.

Parties
Claimant: Global Switch Estates 1 Limited; Defendant: Sudlows Limited
Jurisdiction
England and Wales
Judgment Date
03 December 2020
Procedural Posture
Civil (construction Dispute) / Application for Summary Judgment to Enforce Adjudication Decision
Outcome
Application for summary judgment dismissed; adjudication decision not enforced.
Legal Topics
Adjudication Enforcement, Natural Justice, Jurisdiction of Adjudicator, Summary Judgment, Interim Payments, Extensions of Time, Loss and Expense Claims, Bank Guarantee Calls
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Jurisdiction of Adjudicator Summary Judgment Interim Payments +3 more

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Parties

Global Switch Estates 1 Limited

Claimant

Sudlows Limited

Defendant

Procedural Posture

Civil (construction Dispute) / Application for Summary Judgment to Enforce Adjudication Decision

Legal Issues

  1. 1 Whether the adjudicator breached the rules of natural justice by failing to consider Sudlows’ defences to GSEL’s claim
  2. 2 Whether the adjudicator had jurisdiction to exclude certain matters from consideration
  3. 3 Whether the adjudicator’s decision was contrary to previous adjudication decisions

Ratio Decidendi

The adjudicator’s failure to consider Sudlows’ material defences (including loss and expense claims) due to an erroneous view of jurisdiction constituted a plain and material breach of the rules of natural justice, rendering the adjudication decision unenforceable.

Court Disposition

Application for summary judgment dismissed; adjudication decision not enforced.

Orders

  • GSEL’s application for summary judgment is dismissed.
  • The adjudication decision is not enforced due to a material breach of natural justice.