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Ringway Infrastructure Services Ltd v Vauxhall Motors Ltd No 2 [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 2507 (TCC), 30 October 2007. The claimant contractor (R) was employed by the defendant (V) to carry out various works in connection with a vehicle distribution centre. R had referred a dispute to adjudication after V had not responded to its final application for interim payment, and the adjudicator had ordered V to pay R £1 303 704.95 plus VAT and interest together with his fees and expenses. V claimed the adjudicator lacked jurisdiction, but the court determined the adjudicator had had jurisdiction and that R was contractually entitled to the net sum claimed in the absence of a notice from V ([2007] EWHC 2421 (TCC)). R then submitted that the adjudicator had awarded interest from a later date and that the court had a discretion under the Supreme Court Act 1981 s35A to make an additional award of interest from the earlier date. V submitted that R's claim was for the enforcement of the adjudicator's decision and this should be complied with. "Held": the cause of action to enforce an adjudicator's award was contractual and the date when that cause of action arose was the date when V failed to honour the adjudicator's decision. Judgment accordingly.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 141911-2001

[2007] EWHC 2507 (TCC), 30 October 2007. The claimant contractor (R) was employed by the defendant (V) to carry out various works in connection with a vehicle distribution centre. R had referred a dispute to adjudication after V had not responded to its final application for interim payment, and the adjudicator had ordered V to pay R £1 303 704.95 plus VAT and interest together with his fees and expenses. V claimed the adjudicator lacked jurisdiction, but the court determined the adjudicator had had jurisdiction and that R was contractually entitled to the net sum claimed in the absence of a notice from V ([2007] EWHC 2421 (TCC)). R then submitted that the adjudicator had awarded interest from a later date and that the court had a discretion under the Supreme Court Act 1981 s35A to make an additional award of interest from the earlier date. V submitted that R's claim was for the enforcement of the adjudicator's decision and this should be complied with. "Held": the cause of action to enforce an adjudicator's award was contractual and the date when that cause of action arose was the date when V failed to honour the adjudicator's decision. Judgment accordingly.