LANE END DEVELOPMENTS CONSTRUCTION LTD v KINGSTONE CIVIL ENGINEERING LTD

[2020] EWHC 2338 (TCC), Technology and Construction Court, HH Judge Halliwell sitting as a Judge of the High Court, 28 August 2020

Jurisdiction of adjudicator – Appointment of adjudicator sought before notice of adjudication issued – Waiver and estoppel – Whether adjudicator had resigned

An adjudicator decided that the claimant, Lane End Developments Construction Ltd (“Lane End”), should pay to the defendant, Kingstone Civil Engineering Ltd (“Kingstone”), the sum of £356,439.19. In the present proceedings Lane End brought a Part 8 claim for a declaration that the decision of an adjudicator should be set aside and/or not enforced, while Kingstone brought Part 7 proceedings against Lane End in which it sought to enforce payment of the sum of £358,970.39.