WES Futures Ltd v Allen Wilson Construction Ltd

WES Futures Ltd v Allen Wilson Construction Ltd

The settlement agreement, whether construed as a valid Part 36 offer or not, does not include the costs of the adjudications; only the costs of the court proceedings are recoverable.

Source-derived case information.

Parties
Claimant: Wes Futures Limited; Defendant: Allen Wilson Construction Limited
Jurisdiction
England and Wales
Judgment Date
10 November 2016
Procedural Posture
Adjudication Enforcement / Judgment
Outcome
Futures are not entitled to recover adjudication costs from Wilson.
Legal Topics
Part 36 Offers, Adjudication Costs, Settlement Interpretation
Civil Procedure Construction Law Part 36 Offers Adjudication Costs Settlement Interpretation

Source-derived case record

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Parties

Wes Futures Limited

Claimant

Allen Wilson Construction Limited

Defendant

Procedural Posture

Adjudication Enforcement / Judgment

Legal Issues

  1. 1 Whether the Part 36 offer included costs of adjudication proceedings
  2. 2 Proper interpretation of the settlement agreement
  3. 3 Recoverability of adjudication costs in enforcement proceedings

Ratio Decidendi

The settlement agreement, whether construed as a valid Part 36 offer or not, does not include the costs of the adjudications; only the costs of the court proceedings are recoverable.

Court Disposition

Futures are not entitled to recover adjudication costs from Wilson.

Orders

  • Only costs of court proceedings are recoverable; adjudication costs are excluded.