Urang Commercial Ltd v (1) Century Investments Ltd (2) Eclipse Hotels (Luton) Ltd

Citation: EWHC 1561, (2011) CILL 3061

Nature of case:
The parties entered into a JCT standard form contract which provided for adjudication.As payment was withheld by Century and Eclipse (the employers) without service of a valid withholding notice, adjudication proceedings were commenced by Urang(the contractor). The employers claimed entitlement to the sums which the adjudicator found were in the nature of counter-claims and could not be deployed as a defence in the absence of valid withholding notices. The employers submitted that the adjudicator’sactions were in breach of natural justice. Granting the contractor’s application to enforce the adjudicator’s award, the court held that an error of law or fact made by an adjudicator when deciding an issue was no defence to an application for enforcement.

Link to Judgment

Counsel

Samuel Townend QC

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