Wycombe Demolition Ltd v Topevent Ltd

Wycombe Demolition Ltd v Topevent Ltd

The adjudicator had jurisdiction as only one dispute was referred, no material breach of natural justice occurred in refusing a site visit or in the valuation decision, and Topevent's counterclaim was considered and rejected by the adjudicator; summary judgment for enforcement is granted.

Parties
Claimant: Wycombe Demolition Limited; Defendant: Topevent Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Adjudication Enforcement Dispute / Summary Judgment Application
Outcome
Summary judgment granted in favour of Wycombe Demolition Limited
Legal Topics
Adjudication Enforcement, Jurisdiction, Natural Justice, Valuation of Works, Counterclaim
Construction Law Contract Law Adjudication Enforcement Jurisdiction Natural Justice Valuation of Works Counterclaim

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Parties

Wycombe Demolition Limited

Claimant

Topevent Limited

Defendant

Procedural Posture

Adjudication Enforcement Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether multiple disputes were referred to the adjudicator and if so, whether this affected jurisdiction
  2. 2 Whether the adjudicator breached natural justice by refusing a site meeting/visit
  3. 3 Whether the adjudicator breached natural justice by deciding valuation on a basis not advanced by the parties

Ratio Decidendi

The adjudicator had jurisdiction as only one dispute was referred, no material breach of natural justice occurred in refusing a site visit or in the valuation decision, and Topevent's counterclaim was considered and rejected by the adjudicator; summary judgment for enforcement is granted.

Court Disposition

Summary judgment granted in favour of Wycombe Demolition Limited

Orders

  • Wycombe Demolition Limited awarded £113,666.63 plus interest and adjudicator's fees and expenses
  • Topevent Limited to pay costs