[2024] EWHC 1032 (TCC)

Fecha: 02-May-2024

Adrian Williamson KC

Adrian Williamson KC:

The Claimant (MHL) seeks summary judgment to enforce the decision of an Adjudicator dated 31^st October 2023 (the Decision), whereby it was directed that the Defendant (LJJ) was required to pay the sum of £808,000 within 7 days of the date of the Decision.

As to this, LJJ take four main points in resisting enforcement:

The Decision was superseded by a revised decision dated 4^th November 2023 (the Revised Decision), with the result that the Decision cannot be enforced;

Even if the Adjudicator erred in law in issuing the Revised Decision, this was an error within his jurisdiction, with which the Court should not interfere;

MHL cannot approbate and reprobate the Decision;

MHL cannot enforce the Revised Decision.

The background is that MHL is a large construction and civil engineering company. LJJ is a specialist mechanical and electrical contractor.

MHL was engaged by Shiying Property London Limited under a JCT 2016 Design and Build contract (as amended) for the fit out and refurbishment of a building known as Christchurch Court, Paternoster Square, London.

MHL engaged LJJ to carry out the MEP installations pursuant to an amended JCT 2016 Design and Build Sub-Contract dated 7 May 2021 (the Sub-Contract). The Sub-Contract Sum was c.£17m.

There have been a total of five adjudications between the parties in respect of the Sub-Contract. All but one took place before the present Adjudicator. None of the Decisions have been the subject of any substantive challenge by either party. As such all five decisions are binding on the parties. The present proceedings concern Adjudication 5.