Ferns & Anor v West & Ors

Ferns & Anor v West & Ors

Naming the respondent as 'Haven Build' in the adjudication, consistent with the contract and CPR Practice Direction 7A, was sufficient and did not render the adjudication defective. The technical objection to the naming of the party is wholly without merit and does not prevent enforcement of the adjudicator's decision.

Parties
Claimant: Kerry-Ann Ferns; Claimant: Gerard Ferns; Defendant: Keith West; Defendant: Adam West; Defendant: Linda West
Jurisdiction
England and Wales
Judgment Date
21 January 2019
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for claimants
Legal Topics
Adjudication Enforcement, Naming of Parties, Summary Judgment
Construction Law Civil Procedure Adjudication Enforcement Naming of Parties Summary Judgment

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 1 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kerry-Ann Ferns

Claimant

Gerard Ferns

Claimant

Keith West

Defendant

Adam West

Defendant

Linda West

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether adjudication proceedings were defective due to incorrect naming of the respondent party
  2. 2 Whether summary judgment should be granted to enforce the adjudicator's decision

Ratio Decidendi

Naming the respondent as 'Haven Build' in the adjudication, consistent with the contract and CPR Practice Direction 7A, was sufficient and did not render the adjudication defective. The technical objection to the naming of the party is wholly without merit and does not prevent enforcement of the adjudicator's decision.

Court Disposition

summary judgment granted for claimants

Orders

  • Summary judgment against Keith West and Adam West
  • Judgment in default of acknowledgement of service against Linda West