Beumer Group UK Ltd v Vinci Construction UK Ltd

Beumer Group UK Ltd v Vinci Construction UK Ltd

The adjudicator's failure to disclose his contemporaneous appointment in a related adjudication, combined with Beumer's advancement of factually inconsistent cases and Vinci's deprivation of the opportunity to address this, constituted a material breach of natural justice. This breach was sufficiently serious to preclude enforcement of the adjudicator's decision by summary judgment.

Parties
Claimant: Beumer Group UK Ltd; Defendant: Vinci Construction UK Ltd
Jurisdiction
England and Wales
Judgment Date
13 September 2016
Procedural Posture
Commercial Construction Dispute (summary Judgment Application) / High Court Judgment on Enforcement of Adjudicator's Decision
Outcome
Summary judgment refused; adjudicator's decision not enforced due to material breach of natural justice.
Legal Topics
Adjudication Enforcement, Natural Justice, Disclosure Obligations, Summary Judgment, Compensation Events
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Disclosure Obligations Summary Judgment Compensation Events

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Parties

Beumer Group UK Ltd

Claimant

Vinci Construction UK Ltd

Defendant

Procedural Posture

Commercial Construction Dispute (summary Judgment Application) / High Court Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether Beumer advanced factually inconsistent cases in two adjudications
  2. 2 Whether Vinci was entitled to disclosure of material from the parallel adjudication
  3. 3 Whether the adjudicator should have disclosed his contemporaneous appointment

Ratio Decidendi

The adjudicator's failure to disclose his contemporaneous appointment in a related adjudication, combined with Beumer's advancement of factually inconsistent cases and Vinci's deprivation of the opportunity to address this, constituted a material breach of natural justice. This breach was sufficiently serious to preclude enforcement of the adjudicator's decision by summary judgment.

Court Disposition

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