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.