Beumer Group UK Ltd v Vinci Construction UK Ltd [2016] EWHC 2283 (TCC) (13 September 2016)

Beumer Group UK Ltd v Vinci Construction UK Ltd [2016] EWHC 2283 (TCC) (13 September 2016)

The adjudicator's failure to disclose his contemporaneous appointment in a related adjudication involving Beumer, combined with Beumer's advancement of factually inconsistent cases in the two adjudications and the resulting deprivation of Vinci's opportunity to make submissions on this inconsistency, constituted a...

Source-derived case information.

Citation
[2016] EWHC 2283 (TCC)
Parties
Claimant: Beumer Group UK Ltd; Defendant: Vinci Construction UK Ltd
Jurisdiction
England and Wales
Judgment Date
13 September 2016
Procedural Posture
Application for Summary Judgment (cpr Part 24) to Enforce Adjudicator's Decision / First Instance, Post Adjudication Enforcement
Outcome
Summary judgment refused; adjudicator's decision not enforced due to material breach of natural justice.
Legal Topics
Adjudication Enforcement, Natural Justice, Bias and Disclosure, Summary Judgment, Compensation Events, Delay and Extensions of Time
Construction Law Civil Procedure Adjudication Enforcement Natural Justice Bias and Disclosure Summary Judgment Compensation Events Delay and Extensions of Time

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Parties

Beumer Group UK Ltd

Claimant

Vinci Construction UK Ltd

Defendant

Procedural Posture

Application for Summary Judgment (cpr Part 24) to Enforce Adjudicator's Decision / First Instance, Post Adjudication Enforcement

Legal Issues

  1. 1 Whether Beumer advanced factually inconsistent cases in two simultaneous adjudications (BV II and BL II)
  2. 2 Whether Vinci was entitled to disclosure of relevant material from BL II
  3. 3 Whether the adjudicator (Dr Chern) should have disclosed his contemporaneous appointment in BL II to Vinci

Ratio Decidendi

The adjudicator's failure to disclose his contemporaneous appointment in a related adjudication involving Beumer, combined with Beumer's advancement of factually inconsistent cases in the two adjudications and the resulting deprivation of Vinci's opportunity to make submissions on this inconsistency, constituted a material breach of natural justice. This breach was sufficiently serious to justify refusal of summary judgment enforcing the adjudicator's decision.

Court Disposition

Summary judgment refused; adjudicator's decision not enforced due to material breach of natural justice.