Octoesse LLP v Trak Special Projects Ltd [2016] EWHC 3180 (TCC) (15 December 2016)

Octoesse LLP v Trak Special Projects Ltd [2016] EWHC 3180 (TCC) (15 December 2016)

Octoesse was not entitled to deduct liquidated damages because the certificate of non-completion was cancelled by the extension of time and no further certificate was issued, failing the condition in clause 2.23.1.1. Claims consultants’ costs are recoverable in adjudication enforcement proceedings where they would have been recoverable as solicitors’ disbursements.

Citation
[2016] EWHC 3180 (TCC)
Parties
Claimant: Octoesse LLP; Defendant: Trak Special Projects Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2016
Procedural Posture
Part 8 Proceedings / Judgment Following Hearing on 17 October 2016
Outcome
Judgment for the Defendant; payment of sums awarded by the adjudicator ordered; Defendant’s costs summarily assessed.
Legal Topics
Adjudication Enforcement, Liquidated Damages, Costs Recovery, Litigant in Person, Claims Consultants
Construction Law Civil Procedure Adjudication Enforcement Liquidated Damages Costs Recovery Litigant in Person Claims Consultants

Case Brief

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Parties

Octoesse LLP

Claimant

Trak Special Projects Limited

Defendant

Procedural Posture

Part 8 Proceedings / Judgment Following Hearing on 17 October 2016

Legal Issues

  1. 1 Whether the pay less notice dated 16 May 2016 was valid
  2. 2 Whether Octoesse was entitled to deduct liquidated damages
  3. 3 Whether the adjudicator’s award was enforceable

Ratio Decidendi

Octoesse was not entitled to deduct liquidated damages because the certificate of non-completion was cancelled by the extension of time and no further certificate was issued, failing the condition in clause 2.23.1.1. Claims consultants’ costs are recoverable in adjudication enforcement proceedings where they would have been recoverable as solicitors’ disbursements.

Court Disposition

Judgment for the Defendant; payment of sums awarded by the adjudicator ordered; Defendant’s costs summarily assessed.

Orders

  • Payment of £59,991.83 plus interest and other sums to Trak Special Projects Limited as awarded by the adjudicator.
  • Defendant’s costs summarily assessed at £10,866.98 (excluding VAT).