Image from Google Jackets

Hart Investments Ltd v Fidler and another

Language: English Publication details: 2006Subject(s): Online resources: Summary: [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.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 136020-2001

[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.