Khurana & Anor v Webster Construction Ltd

Khurana & Anor v Webster Construction Ltd

The parties, through their solicitors, agreed that the adjudicator’s decision would be finally binding, precluding further litigation on the same matters. The term was individually negotiated, not unfair or ambiguous under the UTCCR, and the claimants are bound by the adjudicator’s determination of all matters raised by way of defence or set-off. The claimants cannot relitigate these matters in court.

Parties
Claimant: Anjali Khurana; Claimant: Mohit Khurana; Defendant: Webster Construction Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2015
Procedural Posture
Civil (construction Dispute) / Ruling on Application to Stay or Dismiss Action After Adjudication
Outcome
Claim dismissed; proceedings stayed
Legal Topics
Adjudication, Finality of Decisions, Unfair Terms in Consumer Contracts Regulations (utccr), Jurisdiction, Res Judicata
Contract Law Construction Law Consumer Protection Adjudication Finality of Decisions Unfair Terms in Consumer Contracts Regulations (utccr) Jurisdiction Res Judicata

Case Brief

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Parties

Anjali Khurana

Claimant

Mohit Khurana

Claimant

Webster Construction Limited

Defendant

Procedural Posture

Civil (construction Dispute) / Ruling on Application to Stay or Dismiss Action After Adjudication

Legal Issues

  1. 1 Whether the parties agreed that the adjudicator’s decision should be finally binding
  2. 2 Whether the claimants are precluded from advancing claims already determined by the adjudicator
  3. 3 Whether the adjudication agreement term is unfair or unclear under the UTCCR

Ratio Decidendi

The parties, through their solicitors, agreed that the adjudicator’s decision would be finally binding, precluding further litigation on the same matters. The term was individually negotiated, not unfair or ambiguous under the UTCCR, and the claimants are bound by the adjudicator’s determination of all matters raised by way of defence or set-off. The claimants cannot relitigate these matters in court.

Court Disposition

Claim dismissed; proceedings stayed

Orders

  • The claim is set aside and proceedings are stayed on the basis of the jurisdictional challenge.
  • Alternatively, the claim is dismissed on the basis of the summary judgment application.