McGill Construction Ltd v Blue Whisp Ltd (Approved) [2024] IEHC 205 (19 April 2024)

The adjudicator's decision is enforceable as the notice of intention to refer was valid, the referral was timely under the Electronic Commerce Act 2000, fair procedures were observed with staggered payment pending determination of defects, and no credible evidence was provided of inability to repay the award.

Citation: [2024] IEHC 205
Parties: Applicant: McGill Construction Ltd; Respondent: Blue Whisp Ltd
Jurisdiction: Ireland
Judgment Date: 19 April 2024
Procedural Posture: Application for Leave to Enforce Adjudicator's Decision / Judgment
Outcome: leave to enforce adjudicator's award granted
Legal Topics: Adjudication Enforcement, Statutory Interpretation, Fair Procedures, Kompetenz Kompetenz, Electronic Commerce Act Timing

Construction Law Civil Procedure Adjudication Enforcement Statutory Interpretation Fair Procedures Kompetenz Kompetenz Electronic Commerce Act Timing

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

McGill Construction Ltd

Applicant

Blue Whisp Ltd

Respondent

Procedural Posture

Application for Leave to Enforce Adjudicator's Decision / Judgment

Legal Issues

1 Validity of notice of intention to refer to adjudication
2 Timeliness of referral to adjudicator
3 Breach of fair procedures in adjudication

Ratio Decidendi

Court Disposition

leave to enforce adjudicator's award granted

Orders

Order granting leave to enforce adjudicator's decision of 31 December 2023.
Order entering judgment against respondent for €1,252,135.21 (exclusive of VAT) or balance remaining to be paid.