Horne v Magna Design Building Ltd

Horne v Magna Design Building Ltd

The adjudicator did not have jurisdiction to award a net sum to Mr Horne because the dispute referred to adjudication was limited to Magna's entitlement to payment, not to any cross-claim by Mr Horne. The adjudicator was correct in refusing to award Mr Horne the sum of £27,164.79. Mr Horne is entitled only to judgment for the adjudicator's fees and related solicitor's costs, as conceded by Magna.

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
Civil (construction Contract Dispute) / Judgment on Application for Summary Judgment
Outcome
Claim for summary judgment for £27,164.79 dismissed; judgment entered for adjudicator's fees and solicitor's costs.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Summary Judgment, Contract Termination, Costs
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Summary Judgment Contract Termination Costs

Case Brief

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Parties

Roland Horne

Claimant

Magna Design Building Limited

First Defendant

Marcus Build Décor Limited

Second Defendant

Procedural Posture

Civil (construction Contract Dispute) / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to award a net sum to Mr Horne
  2. 2 Whether Mr Horne is entitled to summary judgment for £27,164.79
  3. 3 Whether Magna is liable for the adjudicator's fees and related solicitor's costs

Ratio Decidendi

The adjudicator did not have jurisdiction to award a net sum to Mr Horne because the dispute referred to adjudication was limited to Magna's entitlement to payment, not to any cross-claim by Mr Horne. The adjudicator was correct in refusing to award Mr Horne the sum of £27,164.79. Mr Horne is entitled only to judgment for the adjudicator's fees and related solicitor's costs, as conceded by Magna.

Court Disposition

Claim for summary judgment for £27,164.79 dismissed; judgment entered for adjudicator's fees and solicitor's costs.

Orders

  • Judgment for Mr Horne for £4,932 plus interest for adjudicator's fees and solicitor's costs.
  • Order for Magna to pay £3,000 towards Mr Horne's costs.