This was a summary judgment application to enforce an adjudication award.

A dispute had arisen between the parties in the course of electrical installation works that the Claimant was carrying out for the Defendant. The Claimant referred the dispute to adjudication, however the Defendant asserted that the adjudicator did not have jurisdiction to act in the matter. The adjudicator agreed on the basis that there was no contract between the parties that complied with section 107 of the Housing Grants, Construction and Regeneration Act 1996.

The claimant then commenced a second adjudication in relation to the same dispute. The defendant challenged jurisdiction. It was argued that first, the letter of intent between the parties was not a construction contract, secondly the claim for quantum meruit was a restitutionary remedy not within section 107 and finally, given that the first adjudicator ruled that he had no jurisdiction, a second application was an abuse of process. The adjudicator ruled that he did have jurisdiction and awarded the claimant £253,748 plus VAT and interest. The defendant did not pay the award.

The defendant challenged the enforcement on two grounds, first, that there was no contract, whether in writing or at all within the meaning of section 107 of the Act; and secondly that the issue of jurisdiction had already been determined in the earlier adjudication.

The issue before the court was whether there was a contract in writing within the meaning of section 107 of the Act.