Citation: [2020] 7 WLUK 198
The defendant property owner applied to set aside a default judgment entered in favour of the claimant building company. The claimant had been contracted to carry out building works on the defendant’s property. A dispute arose between the parties, which the claimant referred to adjudication. The adjudicator found in the claimant’s favour and the claimant then sought enforcement. Judgment was entered in default after the defendant failed to acknowledge service.
The defendant submitted that the default judgment should be set aside on the following grounds: (1) the adjudicator had not had jurisdiction, as the resident occupier exception under the Housing Grants, Construction and Regeneration Act 1996 s.106 applied; (2) alternatively, that he had conducted the adjudication in breach of the rules of natural justice, particularly having regard to her health conditions and the adjudicator’s refusals to grant extensions of time.
Mr Adrian Williamson QC, sitting as a deputy High Court judge, refused the defendant’s application. He felt it was not necessary to deal fully with the issue of whether the defendant’s circumstances fell within the s106 exception because the defendant had submitted to the jurisdiction of the adjudicator. Any jurisdictional objection had to be expressly raised at the outset of the adjudication, CSK Electrical Contractors Ltd v Kingwood Electrical Services Ltd [2015] EWHC 667 (TCC) applied, and the defendant had failed to do this.
On the issue of natural justice, Mr Adrian Williamson QC noted that natural justice principles will only be successfully engaged in exceptional cases. In this instant case, he rejected the defendant’s argument that the adjudication could not have been fairly conducted given her medical circumstances and the fact that she was a private individual unfamiliar with the adjudication process.
Abdul Jinadu acted for the Defendant.
[No Bailii link – judgment available on Westlaw.]
