ADJUDICATOR’s DECISION NOT ENFORCED BY WAY OF SUMMARY JUDGMENT

Lead Technical Services Ltd v CMS Medical Ltd [2007] EWCA Civ 316, 30 January 2007

In Lead Technical Services Ltd v CMS Medical Ltd [2007] EWCA Civ 316, 30 January 2007, the Court of Appeal allowed an appeal from the decision of Judge Grenfell and held that this was one of ‘those rare cases where the judge erred in enforcing the adjudicator’s decision’ by way of summary judgment. The evidence demonstrated that the defendants had a real prospect of establishing that the adjudicator had been appointed by the wrong body and so lacked jurisdiction to reach the decision which he had made. Second, there was evidence to support the defendants’ submission that there was no agreement in writing which satisfied the requirements of s107 of the Housing Grants, Construction and Regeneration Act 1996 (hereafter ‘the 1996 Act’) because the parties had made an oral agreement which had the effect of capping the claimants’ fees at £20,000.