DICKIE & MOORE LTD AGAINST RONALD JAMES McLEISH, DIANE McLEISH AND CATRIONA WATT [2019] ScotCS CSOH_87 (08 November 2019)

DICKIE & MOORE LTD AGAINST RONALD JAMES McLEISH, DIANE McLEISH AND CATRIONA WATT [2019] ScotCS CSOH_87 (08 November 2019)

Severance is permitted where the court is satisfied that parts of the adjudicator's decision are clearly and obviously untainted by jurisdictional error, and those parts can be enforced independently. In this case, the sums awarded for the Works Final Account and certain variations were unaffected by the jurisdictional error relating to extension of time and loss and expense, and are enforceable. Deductions for liquidated damages and gas, which depended on the extension of time award, are not enforceable. Fees and expenses are enforceable only if the court is satisfied they were not affected by the jurisdictional error.

Citation
[2019] ScotCS CSOH_87
Parties
Pursuer: Dickie & Moore Limited; Defender: Ronald James McLeish; Defender: Mrs Diane McLeish; Defender: Catriona Watt
Jurisdiction
Scotland
Judgment Date
08 November 2019
Procedural Posture
Commercial Construction Contract Dispute / Post Adjudication Enforcement, Outer House, Court of Session
Outcome
Partial enforcement granted; severable parts of adjudicator's decision enforced.
Legal Topics
Adjudication, Jurisdiction, Severance of Adjudicator's Decision, Enforcement of Adjudicator's Award
Construction Law Contract Law Adjudication Jurisdiction Severance of Adjudicator's Decision Enforcement of Adjudicator's Award

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 19 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Dickie & Moore Limited

Pursuer

Ronald James McLeish

Defender

Mrs Diane McLeish

Defender

Catriona Watt

Defender

Procedural Posture

Commercial Construction Contract Dispute / Post Adjudication Enforcement, Outer House, Court of Session

Legal Issues

  1. 1 Whether part of an adjudicator's decision can be enforced when other parts are outside jurisdiction
  2. 2 Whether the adjudicator's award is severable in cases of jurisdictional error
  3. 3 Effect of contractual and statutory adjudication provisions on severance

Ratio Decidendi

Severance is permitted where the court is satisfied that parts of the adjudicator's decision are clearly and obviously untainted by jurisdictional error, and those parts can be enforced independently. In this case, the sums awarded for the Works Final Account and certain variations were unaffected by the jurisdictional error relating to extension of time and loss and expense, and are enforceable. Deductions for liquidated damages and gas, which depended on the extension of time award, are not enforceable. Fees and expenses are enforceable only if the court is satisfied they were not affected by the jurisdictional error.

Court Disposition

Partial enforcement granted; severable parts of adjudicator's decision enforced.

Orders

  • Enforcement of adjudicator's award for Works Final Account and unaffected variations.
  • Deductions for liquidated damages (£26,000) and gas (£2,806.04) not enforced.