Bexhill Construction Ltd v Kingsmead Homes Ltd [2023] EWHC 2344 (TCC) before Her Honour Judge Kelly
The court rejected arguments that an adjudicator had breached the rules of natural justice by failing to
consider defences raised in the course of the adjudication. Where the parties did not ask for a reasoned
decision, but the adjudicator nevertheless provided one, the bar was a low one and brief reasons would
suffice. Further, it was not persuaded that enforcement of the decision should be stayed in light of the claimant’s financial position.
Stay of execution pending true value adjudication Alun Griffiths (Contractors) Ltd v Carmarthenshire County Council [2023] EWHC 2269 (TCC) judgment 14 September 2023
The defendant Council applied to stay execution of the judgment granted in favour of the claimant contractor AG for £3,316,487.55 to enforce an adjudicator’s award. The Council disputed that the adjudication award reflected the true state of the parties’ account. It was accepted that AG was entitled to summary judgment, but the Council asked for a stay pending the outcome of a true value adjudication
(TVA) on the grounds that AG had been insolvent, and that the parent company guarantee it had
provided was inadequate to safeguard its position. There was an issue as to adequacy of the guarantee
and the question as to whether it was inexpedient to enforce the adjudication award. The court decided that there was no merit in the Council’s application to stay execution. AG’s parent company had a substantial positive cash position and there was no evidence that it would not continue to support AG’s own cash position should the Council succeed in its TVA.
Stay of Execution – Until other disputes resolved J&B Hopkins v A&V Building Solution Limited [2023] EWHC 2475 (TCC)
This was the latest hearing in a long-running dispute between the parties. The court held that a
pleading/Scott Schedule should be rewritten due to a lack of particularisation and concentration on the essential facts. It also ordered a stay of execution on the enforcement of an adjudicator’s judgment due to the ‘e xceptional circumstances ’ that there was a lack of available funds, and that enforcement would prejudice resolution of a separate ongoing dispute.
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