Cases Part 2 2023 - final

the dispute with HCP was made with WRB Energy Limited. WRB asserted that the

subcontract was with WRB Energy Ltd. That issue had been resolved for the time

being in the adjudication, where it was decided that WRB was the contracting

party entitled to the payment.

Next, the amount claimed was less by some £100 than the payment awarded by

the adjudicator due to an arithmetical error by WRB. Further, WRB had indicated

before the application that it would not pursue payment of the VAT, yet it now

sought summary judgment for the 'applicable VAT'. Finally, it had not included a

claim for the adjudicator's charges and costs in its application but still asked the

court to give judgment for that item.

The court gave judgment for the sum claimed in the summary judgment

application (corrected for the arithmetical error) and no more; no VAT as it was

not clear that a dormant company was registered for and liable to pay VAT; and

no adjudicator's charges and costs as these had not been claimed in the original

claim or application.

HCP asserted it had a substantial counterclaim and set off having overpaid WRB

and now sought a stay for a short period to enable it to adjudicate its cross claims.

It relied on the case of Wimbledon[15] grounds, namely that WRB was impecunious

and would be unable to repay the judgment sum if HCP succeeded on its cross

claims.

The judge quoted the principles paid out by HHJ Coulson QC (as he then was) in

Wimbledon : "(a) Adjudication … is designed to be a quick and inexpensive method of arriving at a temporary result in a construction dispute.

21

Made with FlippingBook - Share PDF online