Benfield Construction Ltd v Trudson (Hatton) Ltd

Benfield Construction Ltd v Trudson (Hatton) Ltd

The third adjudicator lacked jurisdiction because the dispute was the same or substantially the same as those decided in adjudications 1 and 2, and contractual and legal principles prohibit serial adjudication of such matters.

Parties
Claimant: Benfield Construction Limited; Defendant: Trudson (Hatton) Limited
Jurisdiction
England and Wales
Judgment Date
17 September 2008
Procedural Posture
Contested Application to Enforce Adjudicator's Decision / Judgment on Enforcement and Jurisdiction
Outcome
Application to enforce the third adjudicator's award refused.
Legal Topics
Adjudication, Jurisdiction, Issue Estoppel, Serial Adjudication, Liquidated Damages, Practical Completion, Partial Possession
Construction Law Contract Law Adjudication Jurisdiction Issue Estoppel Serial Adjudication Liquidated Damages Practical Completion +1 more

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Parties

Benfield Construction Limited

Claimant

Trudson (Hatton) Limited

Defendant

Procedural Posture

Contested Application to Enforce Adjudicator's Decision / Judgment on Enforcement and Jurisdiction

Legal Issues

  1. 1 Whether the third adjudicator had jurisdiction to decide issues already determined in previous adjudications
  2. 2 Whether the dispute in the third adjudication was the same or substantially the same as those in adjudications 1 and 2
  3. 3 Whether issue estoppel and contractual prohibition against serial adjudication applied

Ratio Decidendi

The third adjudicator lacked jurisdiction because the dispute was the same or substantially the same as those decided in adjudications 1 and 2, and contractual and legal principles prohibit serial adjudication of such matters.

Court Disposition

Application to enforce the third adjudicator's award refused.

Orders

  • The third adjudicator's decision is not enforced.
  • The claimant is not entitled to relief sought in the application.