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Building Law Monthly

Identity of parties to an adjudication

In Donald Insall Associates Ltd v Kew Holdings Ltd [2019] EWHC 384 (TCC) O’Farrell J held that the claimant was entitled to summary judgment in order to enforce the decision of an adjudicator. It was held that a valid contract had been entered into between the claimant and the defendant and that a dispute had crystallised between them in respect of unpaid fee invoices sent by the claimant to the defendant via its director. The dispute had been properly referred to adjudication and the award had been made in the claimant’s favour to which the defendant had no defence. The defendant’s submission that the contract had been concluded with the director of the defendant company and not with the defendant was rejected. Accordingly, the claimant was entitled to summary judgment.

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