Quietfield Ltd v Vascroft Contractors Ltd
The adjudicator in the third adjudication failed to consider Vascroft's substantive defence, which was substantially different from the claims previously adjudicated, resulting in a breach of natural justice; therefore, the adjudicator's decision cannot be enforced.
Source-derived case information.
- Parties
- Claimant: Quietfield Limited; Defendant: Vascroft Contractors Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 02 February 2006
- Procedural Posture
- Application for Summary Judgment / Judgment
- Outcome
- Application for summary judgment dismissed; judgment entered for Vascroft.
- Legal Topics
- Adjudication Enforcement, Extension of Time, Liquidated Damages, Natural Justice
Source-derived case record
Summary, issues, holding and outcome
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Parties
Quietfield Limited
Claimant
Vascroft Contractors Limited
Defendant
Procedural Posture
Application for Summary Judgment / Judgment
Legal Issues
- 1 Whether the adjudicator in the third adjudication was correct to treat his own decision in the first adjudication as conclusive regarding extension of time
- 2 Whether failure to consider Vascroft's substantive defence constituted a breach of natural justice
Ratio Decidendi
The adjudicator in the third adjudication failed to consider Vascroft's substantive defence, which was substantially different from the claims previously adjudicated, resulting in a breach of natural justice; therefore, the adjudicator's decision cannot be enforced.
Court Disposition
Application for summary judgment dismissed; judgment entered for Vascroft.
Orders
- Quietfield's application for summary judgment is dismissed.
- Judgment entered for Vascroft in the action.
Full Case Text
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