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ARTICLE · 19 DECEMBER 2019

Jurisdictional Challenges: Waiver, Crystallisation And Substantive Issues

DAC Beachcroft LLP
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The recent case of LJH v Meeres provides another example of a Court rejecting a parties' attempt to rely on jurisdictional challenges that were not made...

United KingdomLitigation, Mediation & Arbitration
Rebecca Austin
Rebecca Austin

The recent case of LJH v Meeresprovides another example of a Court rejecting a parties' attempt to rely on jurisdictional challenges that were not made in the course of the Adjudication. It also acts as a stark reminder not to confuse jurisdictional issues with matters of substance that fall to the Adjudicator to decide and will be enforced by the Court.

The facts

This was a final account dispute in which the Adjudicator decided that Meeres should pay an additional £132,410.83 plus VAT to LJH. Meeres sought to resist enforcement of that Decision on two grounds:

1. The dispute had not crystallised.

1.1. This was said to be on the basis that LJH had provided "insufficient information" for its claim to be assessed by Meeres prior to the Adjudication.

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