Cases - Allied P&L Ltd v Paradigm Housing Group Ltd

Record details

Name

Allied P&L Ltd v Paradigm Housing Group Ltd

Date

[2009]

Citation

EWHC 2890 (TCC)

Keywords

Adjudication - resist enforcement of decision because there was no defined dispute - not raised in the adjudication so not possible to raise issue afterwards - challenging adjudciation

Summary

Paradigm sought to resist enforcement of the adjudicator’s decision on the basis that there was no defined dispute before the matter was referred to adjudication. The court concluded that as this had not been an issue raised by Paradigm during the adjudication and as they had effectively acceded to the adjudicator’s jurisdiction it was not open to them subsequently to raise issues of this kind during enforcement proceedings.

The judge went on to say that if a party challenges the adjudicator’s jurisdiction on one point during the adjudication and if that point is subsequently found to have been wrongly made, that party cannot subsequently substitute an alternative jurisdiction point. In other words the party raising the challenge will be deemed to have acceded to all potential jurisdiction points other than those that are expressly raised during the adjudication.