DMD Environmental Limited v Mitchell Demolition Limited
Citation: [H20CL003] CLCC (TCC List)
In this adjudication enforcement decision, HHJ Parfitt considered, among other things, whether there were multiple contracts, and therefore multiple disputes referred.
In his Judgment, HHJ Parfitt found that the Adjudicator had jurisdiction to decide the sums due under the parties’ contract; whether or not a given sum fell within the scope of that agreement was a matter for the Adjudicator’s substantive decision. This meant that, what the Defendant framed as a jurisdictional issue by submitting that a portion of the sums awarded fell under a separate contract, was found to be no such thing. In coming to this decision, HHJ Parfitt further noted that on either parties’ case, the Scheme applied and the Adjudicator had been correctly appointed. Therefore, by analogy to the decision of Stuart-Smith J in RMP Construction Services Ltd v Chalcroft Limited [2015] EWHC 3737 (TCC), the Adjudicator’s finding as to the terms of the scope of the Contract fell within his substantive jurisdiction. Accordingly whether the Adjudicator was right to find that all the sums awarded fell within a single contract was not a question that went to the Adjudicator’s jurisdiction.
John Steel acted for the successful Claimant.
