Shimizu Europe Ltd v Automajor Ltd
Shimizu Europe Ltd v Automajor Ltd
- 2002
- Building Law Reports [2002] 3 BLR 113-124(12) .
TCC 17 January 2002. The claimant (S) brought CPR Part 8 proceedings seeking enforcement of an adjudicator's award, which the defendant (A) challenged on the grounds that the adjudicator had ordered payment in areas where he had no jurisdiction. "Held": judgement was given in favour of the claimant on the grounds that the adjudicator had jurisdiction to decide if A should make a payment to S and how much that payment should be. The judge also stated that it was not open to a party to an adjudication to approbate and reprobate an adjudicator's decision and that A could not but use the reasoning behind a decision that they had refused to accept as a whole to make a part payment. Full judgement available on the Court Service website http://www.courtservice.gov.uk/View.do?id=266&searchTerm=shimizu&ascending=false&index=0&maxIndex=1
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
CIVIL PROCEDURE RULES PART 8
SHIMIZU EUROPE LTD V AUTOMAJOR LTD
TCC 17 January 2002. The claimant (S) brought CPR Part 8 proceedings seeking enforcement of an adjudicator's award, which the defendant (A) challenged on the grounds that the adjudicator had ordered payment in areas where he had no jurisdiction. "Held": judgement was given in favour of the claimant on the grounds that the adjudicator had jurisdiction to decide if A should make a payment to S and how much that payment should be. The judge also stated that it was not open to a party to an adjudication to approbate and reprobate an adjudicator's decision and that A could not but use the reasoning behind a decision that they had refused to accept as a whole to make a part payment. Full judgement available on the Court Service website http://www.courtservice.gov.uk/View.do?id=266&searchTerm=shimizu&ascending=false&index=0&maxIndex=1
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
CIVIL PROCEDURE RULES PART 8
SHIMIZU EUROPE LTD V AUTOMAJOR LTD