R C Pillar & Son v The Camber

R C Pillar & Son v The Camber

The parties, by their pleadings and conduct, agreed to confer ad hoc jurisdiction on the adjudicator to determine all claims and cross-claims, waiving any jurisdictional or procedural objections. There was a contract sufficiently evidenced in writing to found adjudication, and the adjudicator's award is enforceable.

Source-derived case information.

Parties
Claimant: R. C. Pillar & Son; Defendant: The Camber
Jurisdiction
England and Wales
Judgment Date
15 March 2007
Procedural Posture
Civil / Judgment on Application to Enforce Adjudicator's Award (summary Judgment)
Outcome
Summary judgment granted for the claimant.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Written Contracts Under HGCRA, Summary Judgment, Withholding Notices
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Written Contracts Under HGCRA Summary Judgment Withholding Notices

Source-derived case record

Summary, issues, holding and outcome

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Parties

R. C. Pillar & Son

Claimant

The Camber

Defendant

Procedural Posture

Civil / Judgment on Application to Enforce Adjudicator's Award (summary Judgment)

Legal Issues

  1. 1 Whether there was a contract sufficiently evidenced in writing to found adjudication under HGCRA
  2. 2 Whether the adjudicator had jurisdiction to determine the dispute
  3. 3 Whether the parties agreed to confer ad hoc jurisdiction on the adjudicator

Ratio Decidendi

The parties, by their pleadings and conduct, agreed to confer ad hoc jurisdiction on the adjudicator to determine all claims and cross-claims, waiving any jurisdictional or procedural objections. There was a contract sufficiently evidenced in writing to found adjudication, and the adjudicator's award is enforceable.

Court Disposition

Summary judgment granted for the claimant.

Orders

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