The claimant, Hortimax, referred six disputes arising under six different contracts to adjudication by way of serving six separate adjudication notices. The six decisions were delivered in August 2004 by the adjudicator. Hendon, the defendant, was a commercial grower of cucumbers and other vegetables and carries out its operations in greenhouses at Burstwick. In order to increase production it decided to improve the watering system, and introduce artificial lighting and screens to the warehouses. The disputes related to this work.

Hendon resisted summary judgment on the basis that the work was excluded by Section 105 (2) of the Construction Act. If that were the case then the adjudicator would have no jurisdiction and his decision would not be enforced. Hortimax argued that the work was not excluded, and in any event Hendon had conferred jurisdiction on the adjudicator by their letter of 1 July 2004.