Andrew Goddard QC, Felicity Dynes and Mathias Cheung acted for Vinci in successful enforcement proceedings relating to an Adjudicator’s Decision.
The Decision concerned Vinci’s entitlement to liquidated damages from its subcontractor, Beumer Group UK Limited (“Beumer”), in relation to a subcontract concerning the provision of a baggage handling system at Gatwick Airport.
Three principal arguments were raised on enforcement. First, Beumer argued that the Decision was inconsistent with earlier Decisions of the same Adjudicator in disputes it had referred to Adjudication. Second, Beumer argued that the Adjudicator failed to give any or any adequate reasons. Third, Beumer sought to rely on an argument that a breach of justice had occurred based on the fact that the Adjudicator had not ordered Vinci to disclose documents from a 2016 adjudication commenced by another subcontractor against Vinci on the same project in which he was also Adjudicator.
Interestingly, Beumer relied on the Judgment of Fraser J from 2016 relating to Beumer’s unsuccessful attempts to enforce an Adjudication Decision by an earlier Adjudicator in which Fraser J had criticised Beumer’s conduct in advancing wholly inconsistent cases in simultaneous adjudications before the first Adjudicator against Vinci and against its subsubcontractor.
The Judge rejected all challenges to enforcement: the Decision was not inconsistent with previous ones; the reasons were adequate; there was no evidence of inconsistency, the Adjudicator had not been requested to order disclosure and no proper material was put before him which would have required him to order disclosure or resign.
Andrew Goddard QC, Felicity Dynes and Mathias Cheung (instructed by Fenwick Elliott LLP) for the Claimant.
To read the full judgment please click here.
24 July 2018
