Daniel Atkinson Limited Arbitration Adjudication Mediation
Email:daniel@atkinson-law.com 7 Oakland Drive, Robertsbridge, East Sussex TN32 5EX England
Mobile: 07778 347 777 Tel: +44 (0) 1580 880 532 Fax: +44 (0) 1580 881 140

 

Mrs Sandra Williams t/a Sanclair Construction v Abdul Noor t/a India Kitchen [2007] (TCC) AdjLR11/29

Daniel Atkinson 29 November 2007


KEYWORDS: Mrs Sandra Williams t/a Sanclair Construction v Abdul Noor t/a India Kitchen [2007] Adj.L.R. 11/29, Aveat Heating Limited v Jerram Falkus Construction Limited [2007] EWHC 131 (TCC), Burman v Mount Cook Land Ltd [2001] EWCA Civ 1712, Carillion Construction Limited v Devonport Royal Dockyard Limited [2005] EWCA Civ 1358, Macob Civil Engineering Limited v Morrison Construction Limited [1999] BLR93 (1999) 64ConLR1, Pegram Shoplifters Limited v Tally Weijl (UK) Limited [2003] EWCA 1750 [2004] 1AllER818, Prenn v Simmonds [1971] 1WLR138,Rok Build Limited v Harris Wharf Development Company Limited [2006] EWHC 3573 (TCC), Three Rivers District Council v Bank of England (No 3) [2001] 2AllER513, Total M and E Services Limited v ABB Building Technologies Limited [2002] EWHC 248 (TCC), Unisys International Services Limited v Eastern Counties Newspapers Limited [1991] 1LLR538, Andrew Wallace v Artisan Regeneration Limited [2006] EWHC 15 (TCC), West Bromwich Building Society v Wilkinson [2005] UKHL 44, [2005]1WLR2303, Housing Grants Construction and Regeneration Act 1996, Sections 108(1) and 114(1), Scheme for Construction Contracts (England & Wales) Regulations 1998, Scheme paragraphs 1, 1.1 and 23(2), whether paragraph 1(3) mandatory or directory, JCT Minor Works, Article 6, Clause 7.2, Clause C1.7.2, public assistanceto fund defence, contracting party not party to adjudication, company or personal capacity, right party wrong name, right name wrong party, criteria for summary judgment, not probability but absence of reality, lack of jurisdiction, invalidity of the adjudication, invalidity of notice of adjudication, breach of Business Names Act 1985 sections 4 and 5, adjudicators fees, joint and several liability.

SUMMARY:


It was accepted that the Claimant, Mrs Sandra Williams, was a party to the building contract but the issue was whether she was a party to the adjudication.

It was observed that to defeat an application for summary judgment a respondent merely has to show some prospect or chance of a successful defence, the relevant criterion being not probability but