RBH Building Contractors Ltd v Ashley James & Anor

RBH Building Contractors Ltd v Ashley James & Anor

The defendants provided sufficient evidence to demonstrate a real prospect of establishing the residential occupier exception under section 106, thereby depriving the adjudicator of jurisdiction. The payless notice was valid as it made tolerably clear what was being withheld and why, meeting statutory requirements. The court has no power to alter the adjudicator’s decision on fees.

Parties
Claimant/defendant: RBH Building Contractors Ltd; Defendant/claimant: Ashley James; Defendant/claimant: Tracy James
Jurisdiction
England and Wales
Judgment Date
31 July 2025
Procedural Posture
Civil (construction Dispute) / Judgment on Summary Judgment and Part 8 Claim
Outcome
Application for summary judgment dismissed; Defendants succeed on Part 8 claim.
Legal Topics
Adjudication Enforcement, Residential Occupier Exception, Payless Notice Validity, Adjudicator's Fees
Construction Law Contract Law Civil Procedure Adjudication Enforcement Residential Occupier Exception Payless Notice Validity Adjudicator's Fees

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Parties

RBH Building Contractors Ltd

Claimant/defendant

Ashley James

Defendant/claimant

Tracy James

Defendant/claimant

Procedural Posture

Civil (construction Dispute) / Judgment on Summary Judgment and Part 8 Claim

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction under section 106 of the Housing Grants, Construction and Regeneration Act 1996 due to the residential occupier exception
  2. 2 Whether the payless notice served by the defendants was valid under section 111 of the 1996 Act
  3. 3 Whether the court can alter the adjudicator's decision on fees

Ratio Decidendi

The defendants provided sufficient evidence to demonstrate a real prospect of establishing the residential occupier exception under section 106, thereby depriving the adjudicator of jurisdiction. The payless notice was valid as it made tolerably clear what was being withheld and why, meeting statutory requirements. The court has no power to alter the adjudicator’s decision on fees.

Court Disposition

Application for summary judgment dismissed; Defendants succeed on Part 8 claim.

Orders

  • No order in relation to adjudicator’s fees.
  • Declarations to be made in accordance with paragraphs 18.1 to 18.5 of the Part 8 claim, subject to counsel’s submissions.