Neutral Citation Number:  EWHC 2900 (TCC)
QUEEN'S BENCH DIVISION
MANCHESTER DISTRICT REGISTRY
TECHNOLOGY AND CONSTRUCTION
(sitting as a Judge of the High Court)
|HUSBAND AND BROWN LIMITED|
|- and -|
MITCH DEVELOPMENTS LIMITED
Miss Stephanie Jarron (instructed by Harrison & Associates Solicitors) for the Defendant
Hearing date: 28 and 29 September 2015
Crown Copyright ©
- Her Honour Judge Moulder:
- In this case the Claimant, Husband and Brown Limited are claiming the sum of £51,350 as an outstanding fee due under an oral agreement made between the Claimant and the Defendant, Mitch Developments Limited in relation to the acquisition by the Defendant of a Site known as Redhouse Garage Doncaster (the "Site") together with the adjudicators' fees and associated solicitors' costs incurred in relation to the adjudication which took place in December 2013 in relation to this matter. The Defendant has abandoned its counterclaim for the recovery of its adjudication costs but seeks a declaration that the adjudicator had no jurisdiction to make his award and accordingly that the award is of no effect.
- The Defendant is engaged in commercial property development. The Defendant intended to purchase the Site in order to construct a care home which would be operated by a company, Willow Park Healthcare Limited, which was the operational arm of the Defendant. The Defendant identified the Site at Doncaster, a former petrol station, which they thought would be suitable. The Claimant is engaged in the business of land acquisition planning and development. Over the preceding couple of years the Claimant had looked at a number of potential Sites as agent for the Defendant but none of the Sites had come to fruition.