money until the appeal was determined. The stay was tailored to the Supreme Court hearing timeline and the proposed Order, which obliged Hexagon to pay Providence the day after should the Supreme Court appeal be dismissed. Providence would not be kept out of its adjudication money any longer than necessary to achieve finality on the termination issue.
Comment
Two points are worthy of note. First, that the risk of manifest injustice (and it appears it was a real risk in this case) did not equate to ‘special circumstances’ as that requirement features the relevant CPR provisions. Justice or injustice was presumably always considered, and this does not mean that any ‘manifest injustice’ in striking a balance would have changed the outcome in this case. Second, that the nearness of a final determination of the underlying question of the validity of the termination was so imminent (less than a month away) it could hardly be ignored and must have played its part.
Given that the Wimbledon exceptions did not apply, the outcome is perhaps unsurprising.
[1] Scheme for Construction Contracts (England & Wales) Regulations 1998 (SI 1998/649). [2] Scheme for Construction Contracts (England & Wales) (Amendment) (England) Regulations 2011 (SI 2011/2333). [3] Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 (SI 2011/371). [4] Scheme for Construction Contracts (Scotland) Regulations 1998 (SI 1998/687) (S.34). [5] Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011 (SI 2011/1715) (W.194). [6] EWHC 3710 and EWHC 685 (TCC) [7] Sudlows v Global Switch Estates 1 [2023] EWCA Civ 813. [8] Sweet & Maxwell Ltd, 2024. [9] ING Bank NV v Ros Roca SA [2012] 1 WLR 472 [10] [2018] BLR 173 at [29] [11] Wimbledon Construction Co 2000 Ltd v Vago [2005], EWHC 1086; and see Gosvenor London Ltd v Aygun Aluminium Ltd [2018] EWCA Civ 2695 Kenneth Salmon MCIArb is a qualified solicitor in England, Wales and Eire. He is a Ciarb qualified and practising Mediator and Chair of Education at Ciarb North West Branch. Kenneth is a construction specialist currently working as a consultant to Slater Heelis Limited and Kuits LLP. He has extensive experience of all forms of dispute resolution including arbitration, adjudication, expert determination and mediation.
He is the author of Cases on the Enforcement of Construction Adjudication Awards (2012) and the series Cases (on adjudication enforcement) published in Ciarb’s
14
www.ciarb.org
Made with FlippingBook - PDF hosting