LATHOM CONSTRUCTION LTD v (1) BRIAN CROSS (2) ANNE CROSS (2000)

Court:  Technology & Construction Court at Liverpool County Court (HH Judge Mackay)

29/10/99

Claimant's application under CPR Part 24 for summary judgment in relation to an adjudication award made in its favour pursuant to the Housing Grants, Construction and Regeneration Act 1996.The defendants contended that the adjudicator had had no jurisdiction to make any award, on the ground that the dispute between the parties was the subject of a binding compromise agreement. Disputes arose between the parties in relation to a building contract under a JCT agreement, and an adjudicator was appointed. A compromise agreement was reached, which was reduced into writing. The parties subsequently disagreed as to whether that agreement was binding and effective. The claimant restored its claim under the building contract before the originally appointed adjudicator. The defendants contended that there was a binding compromise agreement, which therefore deprived the adjudicator of jurisdiction to entertain the claim. The adjudicator found that there was a binding compromise agreement, but that the defendants were wrong in their construction of it. He therefore made an award in favour of the claimant, in respect of which the claimant now sought summary judgment.

HELD: Although the application before the adjudicator was properly made, once the adjudicator had referred to the question of the compromise and found that the compromise was in existence, there was plainly a triable issue. It followed that the defendants had a realistic prospect of success of establishing that the adjudicator was wrong to make the decision he did and that he was deprived of jurisdiction to entertain any claim on the original contract.

Application dismissed.

Appearances:
Mr A Grantham for the claimant. Mr D Jess for the defendants.

References:
LTL 10/1/2000 (Unreported elsewhere)