Southern Electric v Mead Realisations [2009] EWHC 2947 (TCC) (04 November 2009)

Southern Electric v Mead Realisations [2009] EWHC 2947 (TCC) (04 November 2009)

The agreement reached between the parties objectively included payment of costs as part of the balance due by 15 December 2009; therefore, costs are payable by the defendant to the claimant.

Source-derived case information.

Citation
[2009] EWHC 2947 (TCC)
Parties
Claimant: Southern Electric Contracting Limited; Defendant: Mead Realisations Limited
Jurisdiction
England and Wales
Judgment Date
04 November 2009
Procedural Posture
Claim for Enforcement of Adjudication Decision / Judgment
Outcome
Judgment for the claimant
Legal Topics
Adjudication Enforcement, Costs in Litigation, Contractual Interpretation
Construction Law Contract Law Civil Procedure Adjudication Enforcement Costs in Litigation Contractual Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Southern Electric Contracting Limited

Claimant

Mead Realisations Limited

Defendant

Procedural Posture

Claim for Enforcement of Adjudication Decision / Judgment

Legal Issues

  1. 1 Whether a full and final settlement was reached including costs
  2. 2 Whether costs are payable as part of the balance due under the adjudication decision

Ratio Decidendi

The agreement reached between the parties objectively included payment of costs as part of the balance due by 15 December 2009; therefore, costs are payable by the defendant to the claimant.

Court Disposition

Judgment for the claimant

Orders

  • Mead Realisations to pay Southern Electric's costs of the claim and application, to be assessed summarily