McAlpine PPS Pipeline Systems Joint Venture v Transco Plc [2004] EWHC 2030 (TCC) (12 May 2004)

McAlpine PPS Pipeline Systems Joint Venture v Transco Plc [2004] EWHC 2030 (TCC) (12 May 2004)

The adjudicator acted within his jurisdiction as the dispute referred encompassed the entitlement to interest for late certification of compensation events, and the procedure, though imperfect, did not amount to a material breach of natural justice or cause significant prejudice to Transco. The decision was responsive to the issues referred and should be enforced.

Citation
[2004] EWHC 2030 (TCC)
Parties
Claimant: McAlpine PPS Pipeline Systems Joint Venture; Defendant: Transco PLC
Jurisdiction
England and Wales
Judgment Date
12 May 2004
Procedural Posture
Application to Enforce Adjudicator's Decision (cpr Part 24) / Judgment on Summary Enforcement Application
Outcome
application granted
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice in Adjudication, Housing Grants, Construction and Regeneration Act 1996, Scheme for Construction Contracts 1998, Interest on Late Payments, Compensation Events Under NEC Contract
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice in Adjudication Housing Grants, Construction and Regeneration Act 1996 Scheme for Construction Contracts 1998 +2 more

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Parties

McAlpine PPS Pipeline Systems Joint Venture

Claimant

Transco PLC

Defendant

Procedural Posture

Application to Enforce Adjudicator's Decision (cpr Part 24) / Judgment on Summary Enforcement Application

Legal Issues

  1. 1 Whether the adjudicator exceeded his jurisdiction by deciding issues not referred to him
  2. 2 Whether the adjudicator's procedure was unfair and prejudiced the defendant
  3. 3 Whether the adjudicator's decision should be enforced under CPR Part 24

Ratio Decidendi

The adjudicator acted within his jurisdiction as the dispute referred encompassed the entitlement to interest for late certification of compensation events, and the procedure, though imperfect, did not amount to a material breach of natural justice or cause significant prejudice to Transco. The decision was responsive to the issues referred and should be enforced.

Court Disposition

application granted

Orders

  • The adjudicator's decision is enforced; Transco PLC to pay McAlpine PPS Pipeline Systems Joint Venture £45,194.54 (being £52,119.62 less £6,925.08 already paid)