UBC Group Ltd v. Atholl Developments (Slackbuie) Ltd [2010] ScotCS CSOH_95 (14 July 2010)

UBC Group Ltd v. Atholl Developments (Slackbuie) Ltd [2010] ScotCS CSOH_95 (14 July 2010)

No proper basis has been shown for reducing the adjudicator's decisions; therefore, summary decree is granted for the sum claimed.

Citation
[2010] ScotCS CSOH_95
Parties
Pursuer: UBC Group Limited; Defender: Atholl Developments (Slackbuie) Limited
Jurisdiction
Scotland
Judgment Date
14 July 2010
Procedural Posture
Civil (building Contract Dispute) / Motion for Summary Decree
Outcome
Summary decree granted for the sum claimed in the fourth conclusion.
Legal Topics
Adjudication Enforcement, Summary Decree, Jurisdiction of Adjudicator, Natural Justice
Construction Law Civil Procedure Adjudication Enforcement Summary Decree Jurisdiction of Adjudicator Natural Justice

Case Brief

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Parties

UBC Group Limited

Pursuer

Atholl Developments (Slackbuie) Limited

Defender

Procedural Posture

Civil (building Contract Dispute) / Motion for Summary Decree

Legal Issues

  1. 1 Whether summary decree should be granted to enforce adjudicator's decision
  2. 2 Whether alleged jurisdictional or natural justice errors in a prior adjudication undermine the enforceability of the subsequent adjudication decision

Ratio Decidendi

No proper basis has been shown for reducing the adjudicator's decisions; therefore, summary decree is granted for the sum claimed.

Court Disposition

Summary decree granted for the sum claimed in the fourth conclusion.

Orders

  • Summary decree granted in the sum of £348,033.00