Cantillon Ltd v Urvasco Ltd

Cantillon Ltd v Urvasco Ltd

The adjudicator had jurisdiction to ascertain loss and expense for the period of delay found, not limited to the specific 13 weeks claimed, and did not breach rules of natural justice as Urvasco had opportunity to address quantum for the later period but chose not to; therefore, the adjudicator's decision is enforceable.

Parties
Claimant: Cantillon Limited; Defendant: Urvasco Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2008
Procedural Posture
Claim to Enforce Adjudication Decision / Judgment
Outcome
Judgment for Cantillon; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Natural Justice, Jurisdiction, Severability of Adjudicator's Decisions
Construction Law Contract Law Adjudication Enforcement Natural Justice Jurisdiction Severability of Adjudicator's Decisions

Case Brief

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Parties

Cantillon Limited

Claimant

Urvasco Limited

Defendant

Procedural Posture

Claim to Enforce Adjudication Decision / Judgment

Legal Issues

  1. 1 Whether the adjudicator exceeded jurisdiction by awarding costs for a period other than the 13 weeks claimed
  2. 2 Whether the adjudicator breached rules of natural justice by not giving Urvasco opportunity to address costs for the later period
  3. 3 Whether parts of an adjudicator's decision can be severed for enforcement

Ratio Decidendi

The adjudicator had jurisdiction to ascertain loss and expense for the period of delay found, not limited to the specific 13 weeks claimed, and did not breach rules of natural justice as Urvasco had opportunity to address quantum for the later period but chose not to; therefore, the adjudicator's decision is enforceable.

Court Disposition

Judgment for Cantillon; adjudicator's decision enforced.

Orders

  • Urvasco to pay Cantillon £391,565.60 plus VAT as found by the adjudicator.
  • Urvasco to pay 70% of adjudicator's fees (£45,560.63), Cantillon to pay the balance.