Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC) (27 February 2008)

Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC) (27 February 2008)

The adjudicator did not exceed his jurisdiction by awarding for a period different from that claimed, as the dispute referred was broadly framed and included the issue of ascertainment of loss and expense for the relevant delay. There was no material breach of natural justice because Urvasco had the opportunity to address the relevant issues and quantum, and the adjudicator's approach was within the scope of the dispute and the parties' submissions. The decision is enforceable in full.

Citation
[2008] EWHC 282 (TCC)
Parties
Claimant: Cantillon Limited; Defendant: Urvasco Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2008
Procedural Posture
Claim to Enforce Adjudication Decision / High Court Judgment on Enforcement
Outcome
Claim allowed; adjudicator's decision enforced
Legal Topics
Adjudication Enforcement, Natural Justice, Jurisdiction of Adjudicator, Severability of Adjudicator's Decision
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Jurisdiction of Adjudicator Severability of Adjudicator's Decision

Case Brief

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Parties

Cantillon Limited

Claimant

Urvasco Limited

Defendant

Procedural Posture

Claim to Enforce Adjudication Decision / High Court Judgment on Enforcement

Legal Issues

  1. 1 Whether the adjudicator exceeded his jurisdiction by awarding for a period not expressly claimed
  2. 2 Whether there was a material breach of natural justice in failing to allow the defendant to address quantum for a different period
  3. 3 Whether parts of an adjudicator's decision can be severed for enforcement

Ratio Decidendi

The adjudicator did not exceed his jurisdiction by awarding for a period different from that claimed, as the dispute referred was broadly framed and included the issue of ascertainment of loss and expense for the relevant delay. There was no material breach of natural justice because Urvasco had the opportunity to address the relevant issues and quantum, and the adjudicator's approach was within the scope of the dispute and the parties' submissions. The decision is enforceable in full.

Court Disposition

Claim allowed; adjudicator's decision enforced

Orders

  • Urvasco Limited to pay Cantillon Limited £391,565.60 plus VAT
  • Urvasco Limited to pay 70% of the adjudicator's fees (£45,560.63)