ADJUDICATION AND THE AWARD OF INDEMNITY COSTS

Harris Calnan Construction Co Ltd v Ridgewood (Kensington) Ltd [2007] EWHC 2738 (TCC), 15 November 2007

In Harris Calnan Construction Co Ltd v Ridgewood (Kensington) Ltd [2007] EWHC 2738 (TCC), 15 November 2007, Judge Peter Coulson QC held that it was appropriate to award to the claimant indemnity costs because the defendant had no substantive basis for challenging the decision of the adjudicator. He observed that the court will not encourage parties, who have no defence to a claim based on an adjudicator’s decision, to use up valuable court time and the resources of the successful party in running unmeritorious points which are doomed to fail.