BROWN & ANOTHER v COMPLETE BUILDING SOLUTIONS LTD

[2016] EWCA Civ 1, Court of Appeal, Lord Justice Beatson, Lord Justice Simon and The Rt Hon Sir Robin Jacob, 13 January 2016

Adjudication - Jurisdiction of adjudicator to make decision - Whether dispute being same or substantially similar to previous dispute

The respondent agreed to demolish a dwelling in Surrey and to build on the site a new house for the appellants. After the architect issued a "final certificate" under the contract, the respondent submitted on 20 December 2013 its claim for a final payment of £115,450.50. The appellants did not pay and the respondent referred the resultant dispute to adjudication. The adjudicator decided that the architect's "final certificate" had been invalid (a matter of common ground between the parties) and that the respondent's claim for £115,450.50 had also not been a valid payment notice for the purposes of the contract. Given that no valid payment notice had been served, no sum was held to be payable by the appellants.