BARHALE LTD AGAINST SP TRANSMISSION PLC [2021] ScotCS CSOH_2 (12 January 2021)

BARHALE LTD AGAINST SP TRANSMISSION PLC [2021] ScotCS CSOH_2 (12 January 2021)

The adjudicator failed to address the defender's critical argument regarding the contractual method of measurement under CESMM3, which was a major issue in the dispute. This failure amounted to a failure to exhaust jurisdiction, rendering the adjudicator's decision unenforceable.

Citation
[2021] ScotCS CSOH_2
Parties
Pursuer: Barhale Limited; Defender: SP Transmission PLC
Jurisdiction
Scotland
Judgment Date
12 January 2021
Procedural Posture
Commercial Enforcement Action (adjudicator's Decision) / Outer House, Court of Session Opinion/judgment
Outcome
Adjudicator’s decision set aside ope exceptionis; decree of absolvitor granted in favour of defender.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Measurement Under Construction Contracts, Interpretation of Contract Terms
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Measurement Under Construction Contracts Interpretation of Contract Terms

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Parties

Barhale Limited

Pursuer

SP Transmission PLC

Defender

Procedural Posture

Commercial Enforcement Action (adjudicator's Decision) / Outer House, Court of Session Opinion/judgment

Legal Issues

  1. 1 Whether the adjudicator failed to exhaust his jurisdiction by not addressing the defender's argument on the contractual method of measurement (CESMM3)
  2. 2 Whether the adjudicator's decision should be set aside for failure to give adequate reasons
  3. 3 Whether the issues of scope of instruction and method of measurement were inextricably linked or separate

Ratio Decidendi

The adjudicator failed to address the defender's critical argument regarding the contractual method of measurement under CESMM3, which was a major issue in the dispute. This failure amounted to a failure to exhaust jurisdiction, rendering the adjudicator's decision unenforceable.

Court Disposition

Adjudicator’s decision set aside ope exceptionis; decree of absolvitor granted in favour of defender.

Orders

  • Pursuer’s pleas in law repelled.
  • Defender’s fourth plea sustained.