Bell Building Projects Ltd v Arnold Clark Automobiles Ltd [2017] ScotCS CSOH_55 (29 March 2017)

Bell Building Projects Ltd v Arnold Clark Automobiles Ltd [2017] ScotCS CSOH_55 (29 March 2017)

Neither the handling of BBP's loss and expense claim nor ACL's contra-charge constituted a breach of natural justice. The adjudicator acted within his powers, provided adequate opportunity for response, and any time constraints or late submissions were attributable to the parties' own conduct. The decision is enforceable in full.

Citation
[2017] ScotCS CSOH_55
Parties
Pursuer: Bell Building Projects Limited; Defender: Arnold Clark Automobiles Limited
Jurisdiction
Scotland
Judgment Date
29 March 2017
Procedural Posture
Commercial Action (construction Adjudication Enforcement) / Outer House, Court of Session – Opinion After Debate (no Proof Required)
Outcome
Decree granted in favour of the pursuer (BBP) for the sum awarded by the adjudicator.
Legal Topics
Adjudication Enforcement, Natural Justice, Loss and Expense Claims, Contra Charges, Severability of Adjudicator's Decision
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Loss and Expense Claims Contra Charges Severability of Adjudicator's Decision

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Parties

Bell Building Projects Limited

Pursuer

Arnold Clark Automobiles Limited

Defender

Procedural Posture

Commercial Action (construction Adjudication Enforcement) / Outer House, Court of Session – Opinion After Debate (no Proof Required)

Legal Issues

  1. 1 Whether the adjudicator's decision was reached in breach of the rules of natural justice regarding (i) BBP's loss and expense claim and (ii) ACL's contra-charge for rectification works.
  2. 2 Whether any breach of natural justice, if established, would render the whole decision unenforceable or could be severed.

Ratio Decidendi

Neither the handling of BBP's loss and expense claim nor ACL's contra-charge constituted a breach of natural justice. The adjudicator acted within his powers, provided adequate opportunity for response, and any time constraints or late submissions were attributable to the parties' own conduct. The decision is enforceable in full.

Court Disposition

Decree granted in favour of the pursuer (BBP) for the sum awarded by the adjudicator.

Orders

  • Sustain the pursuer’s pleas in law.
  • Repel the defender’s first, second and third pleas.