Epping Electrical Co Ltd v Briggs and Forrester (Plumbing Services) Ltd [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 4 (TCC), 19 January 2007. Considered whether an adjudicator's decision had been made out of time. Applicant (E) was sub-sub-contractor to respondent (B), the mechanical and electrical sub-contractor for a residential development. A dispute between the parties was referred to adjudication. An initial request by adjudicator (G) to extend the time to make his decision was consented by E, and a further seven day extension was consented by B. G completed his decision on the last day of that period, but refused to send it to the parties until he was paid, and released his decision two days later. B submitted that the decision was made out of time and G therefore had no jurisdiction to make it. E applied for summary judgment to enforce the adjudicator's decisions. "Held": application refused. Consent to an extension for time for G to reach his decision was conditional on the decision being issued by a particular date; when this had not happened there was no valid extension of time and G's decision given out of time was unenforceable.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 137084-2001 |
[2007] EWHC 4 (TCC), 19 January 2007. Considered whether an adjudicator's decision had been made out of time. Applicant (E) was sub-sub-contractor to respondent (B), the mechanical and electrical sub-contractor for a residential development. A dispute between the parties was referred to adjudication. An initial request by adjudicator (G) to extend the time to make his decision was consented by E, and a further seven day extension was consented by B. G completed his decision on the last day of that period, but refused to send it to the parties until he was paid, and released his decision two days later. B submitted that the decision was made out of time and G therefore had no jurisdiction to make it. E applied for summary judgment to enforce the adjudicator's decisions. "Held": application refused. Consent to an extension for time for G to reach his decision was conditional on the decision being issued by a particular date; when this had not happened there was no valid extension of time and G's decision given out of time was unenforceable.