Cases - F W Cook Ltd v Shimizu (UK) Ltd

Record details

Name

F W Cook Ltd v Shimizu (UK) Ltd

Date

[2000]

Citation

BLR 199

Keywords

Adjudication - construction contract - enforcement of adjudicator's decision - jurisdiction of adjudicator

Summary

Cook were subcontractors to Shimizu for mechanical works in relation to a building project in the London Docklands. Disputes arose after completion of the works in relation to a number of items in the final account. Cook referred some of these to adjudication.

The adjudicator decided that certain sums were payable, but the parties disagreed as to what this meant: Cook interpreted the adjudicator's decision as requiring Shimizu to pay the stated sums within the stated period; however, Shimizu interpreted the adjudicator's decision as requiring it to make provision within the final account for the stated sums in respect of the stated items.

Cook immediately issued proceedings and made an application for summary judgment. The judge found that Shimizu had a realistic prospect of success in demonstrating that its interpretation of the adjudicator's decision was correct.

The judge went on to say that if Shimizu's interpretation was not correct, then the adjudicator had exceeded his jurisdiction as the notice of referral to adjudication had not asked him to decide that which Cook now argued he had in fact decided.