Case Nos: HT-2024-CDF-000004 - [2024] EWHC 933 (TCC)

The Part 7 claim is a simple claim for enforcement of the adjudication award in the Decision.

Morganstone’s primary defence to the claim is that Birkemp had no entitlement to make the August Application. This has been considered within the Part 8 claim.

Morganstone’s second ground of defence to the Part 7 claim is that the adjudicator failed or refused to consider certain defences by way of set-off that it advanced before him and that he thereby took an erroneously restricted view of his jurisdiction. Accordingly, it is said, the adjudication was conducted in breach of the principles of natural justice. Birkemp’s response to this ground of defence is that the adjudicator’s jurisdiction derived from the Notice of Intention to Refer and from the Referral Notice and that the adjudicator was correct to decide that Morganstone was raising issues outside the proper scope of the adjudication.

I shall set out the relevant facts and then consider the relevant authorities.