Enterprise Managed Services Ltd v McFadden Utilities Ltd
Enterprise was the overall successful party, having achieved its strategic objective of preventing the adjudication from proceeding; TMUL's conduct in prematurely pursuing adjudication and not agreeing to suspend it justified an order that TMUL pay 80% of Enterprise's costs.
- 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 / Post Judgment Costs Determination
- Outcome
- TMUL to pay 80% of Enterprise’s costs, to be assessed on a standard basis.
- Legal Topics
- Costs, Assignment, Adjudication, Novation
Case Brief
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 / Post Judgment Costs Determination
Legal Issues
- 1 Was the NLSDA Sub-Contract between Subterra and TML novated in favour of Enterprise?
- 2 What rights and liabilities were the subject of the Deed of Assignment of 15th June 2009 between TML and Utilities?
- 3 Was the Deed a valid assignment?
Ratio Decidendi
Enterprise was the overall successful party, having achieved its strategic objective of preventing the adjudication from proceeding; TMUL's conduct in prematurely pursuing adjudication and not agreeing to suspend it justified an order that TMUL pay 80% of Enterprise's costs.
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 the litigation.
- Costs to be assessed on a standard basis.
Full Case Text
Judgment text and source record
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