Linnett v Halliwells Llp

Linnett v Halliwells Llp

Halliwells LLP, by participating in the adjudication process and requesting the adjudicator to proceed (even while reserving their position on jurisdiction), became contractually liable by conduct, or alternatively on a quantum meruit basis, to pay the adjudicator's reasonable fees and expenses, jointly and severally with ISG. The adjudicator had jurisdiction as the procedural irregularity (late service of documents) did not invalidate the referral, and any alleged oral variation did not affect the adjudication clause.

Parties
Claimant: Christopher Michael Linnett; Defendant: Halliwells LLP
Jurisdiction
England and Wales
Judgment Date
24 February 2009
Procedural Posture
Civil (construction/contract) / Judgment After Trial/hearing
Outcome
Judgment for the claimant (adjudicator) against the defendant (Halliwells LLP) for reasonable fees and expenses.
Legal Topics
Adjudicator's Fees, Jurisdictional Challenges, Quantum Meruit, Joint and Several Liability, Enforcement of Adjudicator's Decision
Construction Law Contract Law Adjudicator's Fees Jurisdictional Challenges 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

Civil (construction/contract) / Judgment After Trial/hearing

Legal Issues

  1. 1 Is the responding party (Halliwells LLP) liable to pay the adjudicator's (Linnett's) fees and expenses when it raised jurisdictional challenges and did not expressly agree to the adjudicator's terms?
  2. 2 Does participation in the adjudication process, even with jurisdictional objections, create a contractual or quantum meruit obligation to pay the adjudicator's reasonable fees?
  3. 3 Did the adjudicator have jurisdiction given the alleged late service of the Referral and alleged oral variations to the contract?

Ratio Decidendi

Halliwells LLP, by participating in the adjudication process and requesting the adjudicator to proceed (even while reserving their position on jurisdiction), became contractually liable by conduct, or alternatively on a quantum meruit basis, to pay the adjudicator's reasonable fees and expenses, jointly and severally with ISG. The adjudicator had jurisdiction as the procedural irregularity (late service of documents) did not invalidate the referral, and any alleged oral variation did not affect the adjudication clause.

Court Disposition

Judgment for the claimant (adjudicator) against the defendant (Halliwells LLP) for reasonable fees and expenses.

Orders

  • Halliwells LLP is liable to pay the adjudicator’s reasonable fees and expenses.
  • The parties are to agree the terms of the order and submit written submissions on any ancillary matters.