Enterprise Managed Services Ltd v McFadden Utilities Ltd [2010] EWHC 1506 (TCC) (23 June 2010)

Enterprise Managed Services Ltd v McFadden Utilities Ltd [2010] EWHC 1506 (TCC) (23 June 2010)

Enterprise was the overall successful party, having achieved its strategic objective of preventing the adjudication from proceeding. TMUL's conduct in pursuing the adjudication was unjustified and premature. A reduction of 20% in Enterprise's costs is fair to reflect TMUL's limited success on certain issues, but a...

Source-derived case information.

Citation
[2010] EWHC 1506 (TCC)
Parties
Claimant: Enterprise Managed Services Limited; Defendant: Tony McFadden Utilities Limited
Jurisdiction
England and Wales
Judgment Date
23 June 2010
Procedural Posture
Part 8 Proceedings (costs Determination) / Post Judgment, Costs Order
Outcome
TMUL to pay 80% of Enterprise's costs, to be assessed on a standard basis.
Legal Topics
Costs, Adjudication, Assignment of Claims, Novation, Jurisdiction
Civil Procedure Construction Law Insolvency Law Costs Adjudication Assignment of Claims Novation Jurisdiction

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Summary, issues, holding and outcome

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Parties

Enterprise Managed Services Limited

Claimant

Tony McFadden Utilities Limited

Defendant

Procedural Posture

Part 8 Proceedings (costs Determination) / Post Judgment, Costs Order

Legal Issues

  1. 1 Whether the NLSDA Sub-Contract was novated in favour of Enterprise
  2. 2 What rights and liabilities were assigned by the Deed of Assignment
  3. 3 Validity of the Deed of Assignment

Ratio Decidendi

Enterprise was the overall successful party, having achieved its strategic objective of preventing the adjudication from proceeding. TMUL's conduct in pursuing the adjudication was unjustified and premature. A reduction of 20% in Enterprise's costs is fair to reflect TMUL's limited success on certain issues, but a greater reduction would be unjustified given the overall context and resource allocation.

Court Disposition

TMUL to pay 80% of Enterprise's costs, to be assessed on a standard basis.

Orders

  • TMUL shall pay 80% of Enterprise's costs of and occasioned by the litigation, to be assessed on the standard basis.