(b) In consequence, adjudicators' decisions are intended to be enforced
summarily and the claimant (being the successful party in the adjudication)
should not generally be kept out of its money.
(c) In an application to stay the execution of summary judgment arising out of an
adjudicator's decision, the court must exercise its discretion with considerations a)
and b) firmly in mind (see AWG Construction Services v. Rockingham Motor
Speedway [2004] EWHC 888 (TCC)).
(d) The probable inability of the claimant to repay the judgment sum (awarded by
the adjudicator and enforced by way of summary judgment) at the end of the
substantive trial or arbitration hearing may constitute special circumstances
rendering it appropriate to grant a stay (see Herschell Engineering Ltd v. Breen
Property Ltd (unreported) 28 July 2000, TCC).
(e) If the claimant is in insolvent liquidation, or there is no dispute on the evidence
that the claimant is insolvent, then a stay of execution will usually be granted (see
Bouygues (UK) Ltd v. Dahl-Jensen (UK) Ltd (2000) 73 Con LR 135, [2001] 1 All ER
(Comm) 1041, CA and Rainford House Ltd v. Cadogan Ltd [2001] BLR 416).
(f) Even if the evidence of the claimant's present financial position suggested that
it is probable that it would be unable to repay the judgment sum when it fell due,
that would not usually justify the grant of a stay if:
(i) the claimant's financial position is the same or similar to its financial position at
the time that the relevant contract was made (see Herschell); or
(ii) the claimant's financial position is due, either wholly, or in significant part, to the
defendant's failure to pay those sums which were awarded by the adjudicator
(see Absolute Rentals v. Glencor Enterprises Ltd [2000] CILL 1637)."
The court also referred to the remarkably similar case of Westshield Civil
Engineering Limited v. Buckingham Group Contracting Limited[16], in which
Akenhead J refused a stay. There as here, the claimant had been a dormant
company both at the time of the subcontract and enforcement proceedings and
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