The Vinden Partnership Ltd v Orca LGS Solutions Ltd & Anor [2017] EWHC B24 (TCC) (26 July 2017)

The Vinden Partnership Ltd v Orca LGS Solutions Ltd & Anor [2017] EWHC B24 (TCC) (26 July 2017)

The adjudicator's fees must be reasonable, and the evidential burden to show unreasonableness lies with the defendant. The court found the time spent and fees charged were reasonable given the complexity, volume, and nature of the dispute, and summary judgment was appropriate as the defendant failed to show a real prospect of defending the claim.

Citation
[2017] EWHC B24 (TCC)
Parties
Claimant: The company through which Mr Peter Vinden provides adjudication services; First Defendant: ORCA; Second Defendant: Stourport
Jurisdiction
England and Wales
Judgment Date
26 July 2017
Procedural Posture
Commercial Claim for Adjudicator's Fees / Application for Summary Judgment
Outcome
summary judgment for the claimant
Legal Topics
Adjudicator's Fees, Reasonableness of Charges, Summary Judgment, Joint and Several Liability
Commercial Law Construction Law Adjudicator's Fees Reasonableness of Charges Summary Judgment Joint and Several Liability

Case Brief

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Parties

The company through which Mr Peter Vinden provides adjudication services

Claimant

ORCA

First Defendant

Stourport

Second Defendant

Procedural Posture

Commercial Claim for Adjudicator's Fees / Application for Summary Judgment

Legal Issues

  1. 1 Is the adjudicator entitled to recover fees without consideration of their reasonableness?
  2. 2 Was the time spent and fees charged reasonable in all the circumstances?
  3. 3 Is summary judgment appropriate given the evidential burden?

Ratio Decidendi

The adjudicator's fees must be reasonable, and the evidential burden to show unreasonableness lies with the defendant. The court found the time spent and fees charged were reasonable given the complexity, volume, and nature of the dispute, and summary judgment was appropriate as the defendant failed to show a real prospect of defending the claim.

Court Disposition

summary judgment for the claimant

Orders

  • Payment of adjudicator's fees as claimed (£32,842.50 plus VAT)
  • Payment for claimant's own time in pursuing the claim (10.7 hours at contractual rate)