Khurana & Anor v Webster Construction Ltd [2015] EWHC 758 (TCC) (20 March 2015)

Khurana & Anor v Webster Construction Ltd [2015] EWHC 758 (TCC) (20 March 2015)

The parties, through their solicitors, agreed that the adjudicator's decision would be finally binding, precluding further litigation on the same dispute. The term was individually negotiated, not unfair, and expressed in plain, intelligible language. All claims now sought by the claimants are already finally determined by the adjudicator and cannot proceed.

Citation
[2015] EWHC 758 (TCC)
Parties
Claimant: Anjali Khurana; Claimant: Mohit Khurana; Defendant: Webster Construction Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2015
Procedural Posture
Commercial Construction Dispute / Application to Stay or Dismiss Proceedings Post Adjudication
Outcome
Claim dismissed; proceedings stayed
Legal Topics
Adjudication Agreements, Binding Effect of Adjudicator's Decision, Unfair Terms in Consumer Contracts Regulations 1999, Res Judicata in Adjudication, Dispute Resolution Clauses
Contract Law Consumer Protection Construction Law Adjudication Agreements Binding Effect of Adjudicator's Decision Unfair Terms in Consumer Contracts Regulations 1999 Res Judicata in Adjudication Dispute Resolution Clauses

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Parties

Anjali Khurana

Claimant

Mohit Khurana

Claimant

Webster Construction Limited

Defendant

Procedural Posture

Commercial Construction Dispute / Application to Stay or Dismiss Proceedings Post Adjudication

Legal Issues

  1. 1 Whether the adjudicator's decision is finally binding and precludes further litigation
  2. 2 Whether the term is unfair under the Unfair Terms in Consumer Contracts Regulations 1999
  3. 3 Extent of matters finally determined by adjudication

Ratio Decidendi

The parties, through their solicitors, agreed that the adjudicator's decision would be finally binding, precluding further litigation on the same dispute. The term was individually negotiated, not unfair, and expressed in plain, intelligible language. All claims now sought by the claimants are already finally determined by the adjudicator and cannot proceed.

Court Disposition

Claim dismissed; proceedings stayed

Orders

  • Claim set aside and proceedings stayed on jurisdictional grounds
  • Summary judgment would have been granted against claimants for repayment of adjudicator's fees if claim not dismissed