Fenice Investments Inc v Erram Falkus Construction Ltd

Fenice Investments Inc v Erram Falkus Construction Ltd

Fenice is entitled to recover from JFC the adjudicator's fees and reasonable legal costs paid, as the fees were not shown to be unreasonable, Fenice acted reasonably in settling, and JFC was contractually obliged to pay under the adjudication agreement and the Scheme.

Parties
Claimant: Fenice Investments Inc; Defendant: Jerram Falkus Construction Limited
Jurisdiction
England and Wales
Judgment Date
06 July 2011
Procedural Posture
Summary Judgment Application / Judgment
Outcome
Summary judgment granted in part for Fenice against JFC.
Legal Topics
Adjudicator's Fees, Reasonableness of Professional Fees, Joint and Several Liability, Enforcement of Adjudication Decisions, Contribution Claims
Construction Law Contract Law Adjudicator's Fees Reasonableness of Professional Fees Joint and Several Liability Enforcement of Adjudication Decisions Contribution Claims

Case Brief

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 5 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

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether Fenice is entitled to recover adjudicator's fees and associated legal costs from JFC
  2. 2 Whether adjudicator's fees were reasonable
  3. 3 Whether the only challenge to adjudicator's fees is bad faith

Ratio Decidendi

Fenice is entitled to recover from JFC the adjudicator's fees and reasonable legal costs paid, as the fees were not shown to be unreasonable, Fenice acted reasonably in settling, and JFC was contractually obliged to pay under the adjudication agreement and the Scheme.

Court Disposition

Summary judgment granted in part for Fenice against JFC.

Orders

  • JFC to pay Fenice £20,600 inclusive of VAT and interest within 14 days.
  • JFC to pay Fenice £15,750 in costs.