Jurisdiction(s):
United Kingdom

Scottish Sheriff Appeal Court upholds adjudication enforcement; 'multiple contracts' defence rejected and failure to reserve jurisdiction objections proves fatal (George Beattie & Sons v Gareloch)

Published on: 14 November 2024

Published by a LexisNexis Construction expert

Legal News

Article summary

Sheriff Appeal Court dismisses ‘multiple contracts’ defence to adjudication enforcement (George Beattie & Sons v Gareloch)

George Beattie & Sons Ltd v Gareloch Support Services (Plant) Ltd [2024] SAC (Civ) 43

What are the practical implications of this case?

This decision reinforces the courts’ firm approach to enforcing adjudication awards, making clear that jurisdictional challenges will not be entertained unless clearly and consistently articulated. It stresses the need to state any objection to an adjudicator’s jurisdiction expressly and to maintain that reservation. In this matter, the contractor asserted during the adjudication that the parties were bound by multiple contracts, yet seems not to have gone on to make an explicit jurisdictional challenge on that footing. The consequence was that, even if the “multiple contracts” contention could have undermined the adjudicator’s remit, the appellant could not rely on it to resist enforcement. More broadly, the case highlights a familiar risk when agreements are formed through exchanged quotations and correspondence rather than formal terms and conditions—uncertainty may arise over the correct mechanism for resolving disputes.

What was the background?

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