Cases - A J Brenton v Jack Palmer
Record details
- Name
- A J Brenton v Jack Palmer
- Date
- (2001)
- Citation
- TCC
- Legislation
- Keywords
- Construction contracts - adjudication - adjudicator's jurisdiction - enforcement - summary judgment - error of fact - whether the adjudicator's finding was within his jurisdiction - Housing Grants, Construction and Regeneration Act 1996
- Summary
-
Brenton was seeking to enforce the decision of an adjudicator by way of summary judgment.
There was some doubt as to whether the contract was with Mr Jack Palmer or with his company, and this issue had been referred to the adjudicator.
Mr Palmer was defending the application for summary judgment on the basis that the contract was with his company and not with him personally, contrary to the finding of the adjudicator.
The judge concluded that the finding of fact by the adjudicator was one that he was charged to make, and that he had not erred in law in reaching a conclusion that he had jurisdiction, having regard to that finding. Therefore the judge refused to interfere with the decision of the adjudicator.