Hart Investments Ltd v Fidler and another
Hart Investments Ltd v Fidler and another
- 2006
[2006] EWHC 2857 (TCC), 3 November 2006. Considered whether a referral was valid, having been served eight days after the notice of adjudication. Claimant (H) engaged second defendant (L) to carry out building works at a property and first defendant (F) provided engineering services. In the main action, L applied to set aside default judgment obtained by H regarding a claim for damages arising out of a collapsed wall. L also applied for summary judgment to enforce an adjudicator?s decision. A referral was provided eight days after the notice of intention, rather than the seven days as required by the Scheme for Construction Contracts, and although H noted the adjudicator did not have jurisdiction, the adjudication continued and the adjudicator made a decision in L's favour. "Held": L's claim for summary judgment failed. The referral should have been served within seven days of the notice of adjudication and late service of the referral meant it was invalid. The adjudicator had no jurisdiction and his decision was a nullity.
HART INVESTMENTS LTD V FIDLER AND ANOTHER
SCHEME FOR CONSTRUCTION CONTRACTS (ENGLAND AND WALES) REGULATIONS 1998
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S107
England and Wales--1543-
[2006] EWHC 2857 (TCC), 3 November 2006. Considered whether a referral was valid, having been served eight days after the notice of adjudication. Claimant (H) engaged second defendant (L) to carry out building works at a property and first defendant (F) provided engineering services. In the main action, L applied to set aside default judgment obtained by H regarding a claim for damages arising out of a collapsed wall. L also applied for summary judgment to enforce an adjudicator?s decision. A referral was provided eight days after the notice of intention, rather than the seven days as required by the Scheme for Construction Contracts, and although H noted the adjudicator did not have jurisdiction, the adjudication continued and the adjudicator made a decision in L's favour. "Held": L's claim for summary judgment failed. The referral should have been served within seven days of the notice of adjudication and late service of the referral meant it was invalid. The adjudicator had no jurisdiction and his decision was a nullity.
HART INVESTMENTS LTD V FIDLER AND ANOTHER
SCHEME FOR CONSTRUCTION CONTRACTS (ENGLAND AND WALES) REGULATIONS 1998
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S107
England and Wales--1543-