Fenice Investments Inc v Erram Falkus Construction Ltd [2011] EWHC 1678 (TCC) (06 July 2011)

Fenice Investments Inc v Erram Falkus Construction Ltd [2011] EWHC 1678 (TCC) (06 July 2011)

The adjudicator's determination of fees is not automatically binding as between the parties without enquiry into reasonableness; the court must assess whether the fees are reasonable. The claimant, having paid the adjudicator's reasonable fees and associated legal costs, is entitled to recover those sums from the...

Source-derived case information.

Citation
[2011] EWHC 1678 (TCC)
Parties
Claimant: Fenice Investments Inc; Defendant: Jerram Falkus Construction Limited
Jurisdiction
England and Wales
Judgment Date
06 July 2011
Procedural Posture
Application for Summary Judgment / Judgment on Summary Judgment Application
Outcome
Summary judgment granted in part for the claimant
Legal Topics
Adjudicator's Fees, Enforcement of Adjudicator's Decision, Reasonableness of Professional Fees, Joint and Several Liability, Summary Judgment, Contribution and Indemnity
Construction Law Contract Law Adjudicator's Fees Enforcement of Adjudicator's Decision Reasonableness of Professional Fees Joint and Several Liability Summary Judgment Contribution and Indemnity

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Fenice Investments Inc

Claimant

Jerram Falkus Construction Limited

Defendant

Procedural Posture

Application for Summary Judgment / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator's determination of his fees is binding and enforceable as between the parties without further enquiry into reasonableness
  2. 2 Whether the only basis to challenge adjudicator's fees is bad faith
  3. 3 Whether the fees claimed by the adjudicator were reasonable and recoverable by the claimant from the defendant

Ratio Decidendi

The adjudicator's determination of fees is not automatically binding as between the parties without enquiry into reasonableness; the court must assess whether the fees are reasonable. The claimant, having paid the adjudicator's reasonable fees and associated legal costs, is entitled to recover those sums from the defendant, as the fees and costs were reasonable and the defendant was contractually obliged to pay them under the adjudication agreement and the Scheme.

Court Disposition

Summary judgment granted in part for the claimant

Orders

  • Defendant to pay claimant £20,600 inclusive of VAT, interest, and costs within 14 days
  • Summary judgment for £20,360 on principal and legal costs; further assessment to be determined for remaining sums (£6,480.50)