Outwing Construction Ltd v H. Randell & Son Ltd [1999] BLR 156

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The court will abridge time for summary judgment under Part 24 CPR, provided the defendant is not prejudiced.

HHJ Humphrey LLoyd QC, Technology & Construction Court

15 March 1999

O was a sub-contractor to H under a contract incorporating DOM/1. O claimed that the balance of its final account had not been paid; H said the work had not been done properly. O gave a notice of adjudication, and the adjudication took place under the Scheme for Construction Contracts as the contractual provisions did not fully comply with Section 108 of HGCRA.

The adjudicator awarded O £16,096.98 and ordered that his decision be complied with peremptorily. H did not pay, and O threatened summary judgment. H responded with a notice of arbitration. O issued a writ on 8 March 1999.

Having obtained leave, O then issued a summons returnable on 12 March requesting that the time for service of the Acknowledgment of service be abridged, and that H adduce evidence in opposition to O's summons for summary judgment within an abridged time. On 12 March, H paid the amount claimed in the writ plus the amount claimed for interest and fixed costs. The remainder of O's claim for costs could not be agreed and was determined by the judge.

O sought its costs on the basis that all steps taken by it were justified. H said abridgement was not justified: it was rarely granted, and there was nothing in HGCRA or the Scheme showing that it was intended that adjudicator's decisions be enforced more speedily than other debts. O argued that Parliament's intention was clearly that adjudication was to be speedy and effective.

The court decided that the summary judgment enforcement route was proper and prudent. The summons to abridge time was justified: the court's power to agree to abridgment is wide and without material limitation. It ought to be allowed in a case such as adjudication: the intention is that disputes go to adjudication and are enforced without delay. The court said

There could be such prejudice in some cases (for example, a party not previously legally advised), but even then, some abridgement might be granted.

The court will abridge time for summary judgment under Part 24 CPR, provided the defendant is not prejudiced.

This summary was provided by CMS Cameron McKenna LLP.

For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes

 

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