J Murphy & Sons Ltd v W Maher and Sons Ltd

J Murphy & Sons Ltd v W Maher and Sons Ltd

A dispute as to whether a binding settlement agreement was reached in relation to sums due under a construction sub-contract arises 'under' or 'in connection with' the original contract and is referable to adjudication under the contract or the Scheme. The adjudicator has jurisdiction to determine such disputes.

Parties
Claimant: J. Murphy & Sons Limited; Defendant: W. Maher and Sons Limited
Jurisdiction
England and Wales
Judgment Date
23 May 2016
Procedural Posture
Civil (construction/contract) / Judgment on Part 8 Claim (declaratory Relief Re: Adjudicator's Jurisdiction)
Outcome
Claim dismissed; judgment for Defendant.
Legal Topics
Adjudication, Jurisdiction, Settlement Agreements, Variation of Contract, Interpretation of Dispute Resolution Clauses
Construction Law Contract Law Adjudication Jurisdiction Settlement Agreements Variation of Contract Interpretation of Dispute Resolution Clauses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

J. Murphy & Sons Limited

Claimant

W. Maher and Sons Limited

Defendant

Procedural Posture

Civil (construction/contract) / Judgment on Part 8 Claim (declaratory Relief Re: Adjudicator's Jurisdiction)

Legal Issues

  1. 1 Whether a dispute as to the existence or effect of a settlement agreement arises 'under' or 'in connection with' the original sub-contract for purposes of adjudication.
  2. 2 Whether the adjudicator has jurisdiction to determine disputes relating to an alleged settlement agreement.

Ratio Decidendi

A dispute as to whether a binding settlement agreement was reached in relation to sums due under a construction sub-contract arises 'under' or 'in connection with' the original contract and is referable to adjudication under the contract or the Scheme. The adjudicator has jurisdiction to determine such disputes.

Court Disposition

Claim dismissed; judgment for Defendant.

Orders

  • Declaration: The dispute set out in the notice of adjudication dated 19 April 2016 can be referred to adjudication by the adjudicator, Mr Paul Jensen, under the sub-sub-contract between the parties or under the Scheme for Construction Contracts.
  • Claimant to pay Defendant's costs, summarily assessed at £11,000.