Linnett v Halliwells Llp [2009] EWHC 319 (TCC) (24 February 2009)

Linnett v Halliwells Llp [2009] EWHC 319 (TCC) (24 February 2009)

A responding party who participates in an adjudication, even while maintaining jurisdictional objections and without expressly agreeing to the adjudicator's terms, is liable to pay the adjudicator's reasonable fees and expenses on the basis of a contract formed by conduct or, alternatively, on a quantum meruit basis. The late service of accompanying documents on the adjudicator did not invalidate the referral or deprive the adjudicator of jurisdiction in this case.

Citation
[2009] EWHC 319 (TCC)
Parties
Claimant: Christopher Michael Linnett; Defendant: Halliwells LLP
Jurisdiction
England and Wales
Judgment Date
24 February 2009
Procedural Posture
Claim for Adjudicator's Fees and Expenses / High Court Judgment After Transfer From County Court
Outcome
Claim allowed
Legal Topics
Adjudicator's Fees, Jurisdictional Challenge, Quantum Meruit, Joint and Several Liability, Enforcement of Adjudicator's Decision
Construction Law Contract Law Adjudicator's Fees Jurisdictional Challenge Quantum Meruit Joint and Several Liability Enforcement of Adjudicator's Decision

Case Brief

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Parties

Christopher Michael Linnett

Claimant

Halliwells LLP

Defendant

Procedural Posture

Claim for Adjudicator's Fees and Expenses / High Court Judgment After Transfer From County Court

Legal Issues

  1. 1 Is a responding party to an adjudication liable for the adjudicator's fees where it raises jurisdictional objections and does not expressly agree to the adjudicator's terms?
  2. 2 Does participation in the adjudication process, even with jurisdictional objections, create a contractual or restitutionary obligation to pay the adjudicator's reasonable fees?
  3. 3 Did the adjudicator have jurisdiction in this case given the alleged late service of the Referral and alleged lack of a contract in writing?

Ratio Decidendi

A responding party who participates in an adjudication, even while maintaining jurisdictional objections and without expressly agreeing to the adjudicator's terms, is liable to pay the adjudicator's reasonable fees and expenses on the basis of a contract formed by conduct or, alternatively, on a quantum meruit basis. The late service of accompanying documents on the adjudicator did not invalidate the referral or deprive the adjudicator of jurisdiction in this case.

Court Disposition

Claim allowed

Orders

  • Halliwells LLP is liable to pay Christopher Michael Linnett his reasonable fees and expenses for acting as adjudicator, in the sum of £2,436.95 including VAT.