R C Pillar & Son v The Camber [2007] EWHC 1626 (TCC) (15 March 2007)

R C Pillar & Son v The Camber [2007] EWHC 1626 (TCC) (15 March 2007)

The parties, by their pleadings and conduct, agreed to submit all claims and cross-claims to the adjudicator, thereby conferring ad hoc jurisdiction and waiving any jurisdictional or procedural objections. There was a contract sufficiently evidenced in writing to support adjudication. Pillar is entitled to summary judgment for the sum awarded by the adjudicator.

Citation
[2007] EWHC 1626 (TCC)
Parties
Claimant: R. C. Pillar & Son; Defendant: The Camber
Jurisdiction
England and Wales
Judgment Date
15 March 2007
Procedural Posture
Claim to Enforce Adjudicator's Award (construction Dispute) / Summary Judgment Application
Outcome
Summary judgment granted for the claimant.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Written Contract Requirements, Cross Claims in Adjudication, Summary Judgment
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Written Contract Requirements Cross Claims in Adjudication Summary Judgment

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Parties

R. C. Pillar & Son

Claimant

The Camber

Defendant

Procedural Posture

Claim to Enforce Adjudicator's Award (construction Dispute) / Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the dispute
  2. 2 Whether there was a contract sufficiently evidenced in writing under section 107 HGCRA 1996
  3. 3 Whether the parties made an ad hoc submission to the adjudicator's jurisdiction

Ratio Decidendi

The parties, by their pleadings and conduct, agreed to submit all claims and cross-claims to the adjudicator, thereby conferring ad hoc jurisdiction and waiving any jurisdictional or procedural objections. There was a contract sufficiently evidenced in writing to support adjudication. Pillar is entitled to summary judgment for the sum awarded by the adjudicator.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Defendant to pay the sum awarded by the adjudicator (£46,000) to the claimant.