HT-2023-000006 - [2024] EWHC 2295 (TCC)

As stated above, judgment on the merits in this matter was handed down on 18 June 2024.

On the same day, Mr Padararu on behalf of A & V sent an email setting out A & V’s position as to the adjudicators’ fees and as to interest. In that email he claimed on behalf of A & V the full amount of Mr Blizzard’s fees and that J&BH should bear the costs of Mr Smith’s fees.

On the same day Mr Frampton in behalf of J&BH submitted J&BH’s Submissions on Adjudicators’ Fees and Interest. In those submissions he submitted that adjudicators’ decisions as to liability to pay their fees is final and is not subject to a final determination or reversal by this Court.

In support of that submission, he cited Castle Inns (Stirling) Ltd v Clark Contracts Ltd (Footnote: ¹) (“Castle Inns”) and paragraph 10.25 of Coulson on Construction Adjudication.

I indicated through my clerk that

“The Judge has reviewed this case in the light of the forthcoming hearing in respect of the outstanding issues in this case.

The Judge would welcome submissions on the issue of the treatment of the Adjudicators’ Awards of costs, as to which the only case cited may raise some points of law for consideration.

In the circumstances the Judge considers that A&V, along with the Court and the other side would be assisted if it was able to obtain representation for the hearing. Litigants who are unable to afford representation often apply to the Bar Pro Bono Unit whose website is at https://www.barcouncil.org.uk/policy-representation/policy-issues/pro-bono.html

If A&V seek assistance from them, A&V should show them a copy of this email.”

And then in a later email:

“It may be that a hearing on the adjudicators’ costs issue will be desirable: the judge is conscious that, although in this case the amounts involved are small, the issue is one of possibly wide interest.   The judge is concerned as to whether the Scottish case cited should be followed.”

In the event neither party requested a hearing, and appeared to me to be content for this matter to be dealt with on the papers.

On 29 July 2024 Mr Frampton submitted J&BH’s Supplemental Submissions on Adjudicators’ Fees which helpfully referred to further authority on that issue.

On 12 August 2024 I invited further submissions on three questions relating to the fees of Mr Smith.

On 16 August 2024 Mr Paduraru indicated that A & V had no further submissions it wished to make in response to that invitation. Mr Frampton did file Responses to the Judge’s Questions and submitted further relevant authorities.