Cases - A C Yule & Son Ltd v Speedwell Roofing & Cladding Ltd

Record details

Name
A C Yule & Son Ltd v Speedwell Roofing & Cladding Ltd
Date
[2007]
Citation
EWHC 1360 (TCC)
Legislation
Keywords
Adjudication - extra 2 days requested - no response so assumed consent - then claimed it was late - adjudicators decision enforced
Summary

The adjudicator asked for an extra 2 days to make his decision. Speedwell neither consented to nor refused the request. After the decision had been made and published Speedwell objected on the basis that the decision had been made late (within the extra 2 days requested).

The court decided that in such cases it was up to the parties to respond to the adjudicator’s request with reasonable speed. Speedwell had acted as if they were consenting to the extra time requested and were therefore deemed to have done so. The adjudicator’s decision was enforced.