29 Apr 2019GRANDLANE DEVELOPMENTS LTD v SKYMIST HOLDINGS LTD The client’s contention that the adjudicator's decision was tainted by fraud should be rejected and the consultant’s enforcement application should not be adjourned until after the further application for pre-action disclosure and the consideration of any further disclosure given as a result of that application
17 Apr 2019PBS ENERGO AS v BESTER GENERACION UK LTD The contractor had a properly arguable defence that the adjudicator’s decision was obtained by the sub-contractor’s fraud with the result that its application to enforce the decision by way of summary judgment should be dismissed
9 Apr 20194MA LTD v NASH The adjudicator’s award to the contractor should be enforced summarily despite the adjudication being contractual by reason of the home owners being residential occupiers and their court proceedings in which they were making claims which they contended constituted a defence to the contractor’s claim
13 Mar 2019EQUITIX ESI CHP (SHEFF) LTD v VEOLIA ENERGY & UTILITY SERVICES UK PLC The persons appointed by the adjudicator nominating body satisfied the requirement of being “in the field of biomass energy plants” when they had expertise derived from dispute resolution in that field despite none of them being an expert in such plants
8 Mar 2019BILLINGFORD HOLDINGS LTD v SMC BUILDING SOLUTIONS LTD No order should be made in respect of the responding party’s application for an injunction preventing the adjudicator and the referring party to continue the ongoing adjudication in order that declarations could be made resolving its challenge to the adjudicator’s jurisdiction
8 Mar 2019HITACHI ZOSEN INOVA AG v JOHN SISK & SON LTD The adjudicator had jurisdiction to award the sub-contractor a specified in the further adjudicator in respect of a variation despite having valued it in the first adjudication as “£nil” on the ground of insufficient cost details where it provided such details in the further adjudication
5 Feb 2019DONALD INSALL ASSOCIATES LTD v KEW HOLDINGS LTD There was a contract for the provision of architectural services between the architect and the client company which was concluded at the meeting between a representative of the architect and the director of the client when the director signed the architect’s fee proposal on behalf of the client
29 Jan 2019OVE ARUP & PARTNERS INTERNATIONAL LTD v COLEMAN BENNETT INTERNATIONAL CONSULTANCY PLC The client was precluded from relying in the engineer’s enforcement proceedings on its jurisdictional challenge that the contract(s) with the engineer fell outside the ambit of the Construction Act despite its general reservation made before the adjudicator to raise new challenges
21 Jan 2019FEARN V WEST The house buyers were entitled to summary judgment against the partners of the firm which was the contracting party for the construction work to enforce the adjudicator’s decision where the responding party was identified in the notice of adjudication as that firm.
8 Jan 2019BN RENDERING LTD v EVERWARM LTD Technology and Construction Court O’Farrell J 16 August 2018
5 Dec 2018BM SERVICES INC LTD v GREYLINE BUILDERS LTD The adjudicator did not fail to consider the contractor’s defence of fraudulent collusion in the alleged overvaluation of the sub-contractor’s account when he rejected it on the ground that the contractor had not adduced any or any sufficient evidence of its allegation
