Horne v Magna Design Building Ltd [2014] EWHC 3380 (TCC) (17 October 2014)

Horne v Magna Design Building Ltd [2014] EWHC 3380 (TCC) (17 October 2014)

The adjudicator's jurisdiction was limited to determining Magna's entitlement to payment under the contract; he did not have jurisdiction to award a net sum to Mr Horne, as the dispute referred did not encompass Mr Horne's claim for a net sum. Mr Horne is entitled only to adjudicator's fees and solicitor's costs, not summary judgment for £27,164.79.

Citation
[2014] EWHC 3380 (TCC)
Parties
Claimant: Roland Horne; First Defendant: Magna Design Building Limited; Second Defendant: Marcus Build Décor Limited
Jurisdiction
England and Wales
Judgment Date
17 October 2014
Procedural Posture
Summary Judgment Application / Judgment on Enforcement of Adjudication Decision
Outcome
Claim partly allowed
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Termination of Contractor's Employment, Costs
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Termination of Contractor's Employment Costs

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Parties

Roland Horne

Claimant

Magna Design Building Limited

First Defendant

Marcus Build Décor Limited

Second Defendant

Procedural Posture

Summary Judgment Application / Judgment on Enforcement of Adjudication Decision

Legal Issues

  1. 1 Did the adjudicator have jurisdiction to award a net sum to Mr Horne?
  2. 2 Is Mr Horne entitled to summary judgment for £27,164.79?
  3. 3 Is Magna liable for adjudicator's fees and solicitor's costs?

Ratio Decidendi

The adjudicator's jurisdiction was limited to determining Magna's entitlement to payment under the contract; he did not have jurisdiction to award a net sum to Mr Horne, as the dispute referred did not encompass Mr Horne's claim for a net sum. Mr Horne is entitled only to adjudicator's fees and solicitor's costs, not summary judgment for £27,164.79.

Court Disposition

Claim partly allowed

Orders

  • Judgment for Mr Horne for adjudicator's fees and solicitor's costs (£4,932 plus interest)
  • Magna to pay £3,000 as proportionate and reasonable allowance for costs