No Overlap Between Substance and Jurisdictional Issues

Ex Novo Limited v MPS Housing Limited [2020] EWHC 3804 (TCC)] Case Background In this case Ex Novo sought to enforce an adjudicator’s decision in its favour. MPS Housing, resisting enforcement, argued that the adjudicator did not have jurisdiction because the adjudication reference related to multiple contracts and an adjudicator does not (without the parties’…

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Jurisdiction Clauses & Enforcing Adjudication Decisions

Motacus Constructions Ltd v Paolo Castelli Spa [2021] EWHC 356 (TCC) This case confirms adjudication’s status as an interim-binding measure and reinforces its importance as a dispute resolution forum in the construction industry. Background This dispute concerned a contract for fitting-out works at the One Bishopsgate Plaza Hotel in London. While the works were to…

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Disallowed Costs, Definitions and Default

ABC Electrification Limited v Network Rail Infrastructure Limited [2020] EWCA Civ 1645 The recent case of ABC Electrification Limited v Network Infrastructure Limited saw legal practitioners jousting over the definition of a solitary word – namely, “default”. In this case regarding the scope of ‘Disallowed Costs’ in a common rail industry contract, the Court of…

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Deal with the Issues!

Barhale Limited v SP Transmission Plc [2021] CSOH 2 Successful challenges to an adjudicator’s jurisdiction are like buses it seems – you get none for ages and then two come along at once. Following hot on the heels of the Global Switch Estates case we discussed in January comes an interesting decision from the Scottish…

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Global Switch Estates 1 Ltd v Sudlows Ltd [2020] EWHC 3314 – SUMMARY

How far can you limit what’s included in the scope of an adjudication? It is well known that the courts will support the enforcement of an adjudication decision even if the decision is incorrect and resulted from errors of fact or law. The case of Global Switch Estates 1 Ltd v Sudlows Ltd, however, gives…

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Case Summary: J&B Hopkins Ltd v Trant Engineering Ltd

The recent judgment of Mr Justice Fraser in this case has provided fresh evidence for the importance of complying with the notice requirements under a construction contract. Mr Justice Fraser considered the enforcement proceedings brought by the sub-contractor for summary judgment and the application by the contractor for a stay of execution at the same…

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