Source: All England Reporter
Publisher Citation: [2008] All ER (D) 226 (Dec)
Neutral Citation: [2008] EWHC 3160 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Akenhead J
Representation Jessica Stephens (instructed by C J Hough & Co Ltd) for the claimant.
  Jonathan Selby (instructed by Silver Shemmings LLP) for the defendant.
Judgment Dates: 19 December 2008

Catchwords

Building contract - Adjudication - Award - Jurisdiction to make award - Claimant referring dispute to adjudication - Adjudicator making award in claimant's favour and awarding payment of interest plus adjudicator's fees - Claimant seeking to enforce award - Defendant challenging jurisdiction of adjudicator - Whether adjudicator having jurisdiction to make award.

The Case

Building contract Adjudication. Chancery Division: The claimant company's claim to enforce an award by an adjudicator was allowed in circumstances, where the parties, and in particular the defendant, had not given the adjudicator jurisdiction to decide whether he had jurisdiction, but where the adjudicator did have jurisdiction, albeit not necessarily for the reasons which he thought had given him jurisdiction.

Practice Areas

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