ICCT Ltd v Pinto

ICCT Ltd v Pinto

The defendant fully participated in the adjudication without reserving jurisdictional objections, thereby waiving any such objections. There was no evidence of apparent bias or breach of natural justice. The adjudicator's reasoning was coherent and addressed the issues. Therefore, there is no real prospect of a successful defence and summary judgment is granted for the claimant.

Parties
Claimant: ICCT Limited; Defendant: Sylvein Pinto
Jurisdiction
England and Wales
Judgment Date
15 April 2019
Procedural Posture
Civil Construction/adjudication Enforcement / Summary Judgment Application
Outcome
Judgment for the claimant; summary judgment granted.
Legal Topics
Adjudication Enforcement, Jurisdiction, Natural Justice, Apparent Bias, Summary Judgment, Residential Construction Contracts
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction Natural Justice Apparent Bias Summary Judgment Residential Construction Contracts

Case Brief

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Parties

ICCT Limited

Claimant

Sylvein Pinto

Defendant

Procedural Posture

Civil Construction/adjudication Enforcement / Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator's award should be enforced by summary judgment
  2. 2 Whether there was jurisdiction for the adjudicator to act given the residential nature of the works
  3. 3 Whether there was apparent bias or breach of natural justice by the adjudicator

Ratio Decidendi

The defendant fully participated in the adjudication without reserving jurisdictional objections, thereby waiving any such objections. There was no evidence of apparent bias or breach of natural justice. The adjudicator's reasoning was coherent and addressed the issues. Therefore, there is no real prospect of a successful defence and summary judgment is granted for the claimant.

Court Disposition

Judgment for the claimant; summary judgment granted.

Orders

  • Defendant to pay the sum awarded by the adjudicator (£6,456 including VAT)
  • Defendant to pay the adjudicator's fees (£3,726 including VAT)