Ferns & Anor v West & Ors [2019] EWHC 141 (TCC) (21 January 2019)

Ferns & Anor v West & Ors [2019] EWHC 141 (TCC) (21 January 2019)

Naming the partnership by its trading name in adjudication and enforcement proceedings is valid and does not render the adjudicator's decision unenforceable, provided there is no doubt as to the parties' identities and the contract was entered into under that name.

Citation
[2019] EWHC 141 (TCC)
Parties
Claimant: Gerard Ferns; Claimant: Kerry-Ann Ferns; Defendant: Keith West; Defendant: Adam West; Defendant: Linda West (T/A Haven Build)
Jurisdiction
England and Wales
Judgment Date
21 January 2019
Procedural Posture
Adjudication Enforcement (summary Judgment) / Judgment on Summary Judgment Application
Outcome
Summary judgment granted for claimants against first and second defendants; judgment in default against third defendant.
Legal Topics
Adjudication Enforcement, Partnerships and Trading Names, Summary Judgment, Jurisdiction of Adjudicator
Construction Law Civil Procedure Adjudication Enforcement Partnerships and Trading Names Summary Judgment Jurisdiction of Adjudicator

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Parties

Gerard Ferns

Claimant

Kerry-Ann Ferns

Claimant

Keith West

Defendant

Adam West

Defendant

Linda West (T/A Haven Build)

Defendant

Procedural Posture

Adjudication Enforcement (summary Judgment) / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether adjudication and enforcement proceedings were defective due to naming the partnership by its trading name rather than individual partners
  2. 2 Whether the adjudicator's decision is enforceable against the defendants

Ratio Decidendi

Naming the partnership by its trading name in adjudication and enforcement proceedings is valid and does not render the adjudicator's decision unenforceable, provided there is no doubt as to the parties' identities and the contract was entered into under that name.

Court Disposition

Summary judgment granted for claimants against first and second defendants; judgment in default against third defendant.

Orders

  • Summary judgment in favour of Mr and Mrs Ferns against Keith West and Adam West.
  • Judgment in default of acknowledgement of service against Linda West.