Cases Part 2 2023 - final

proceedings had been commenced within 20 days, the final account statement

was not final or binding on BW. The court found it unnecessary to decide whether

the second adjudication was a continuation of a first adjudication (in which the

adjudicator had resigned) for the purposes of the finality clause. The award was

enforced, and an application for payment on the final account statement was

deemed irrelevant as it would have undermined the award.

Stay of Execution

WRB (NI) Ltd v Henry Construction Projects Ltd [2023] EWHC 278 (TCC), Pepperrall J.

Judgment 10 February 2023

A party who contracted with a newly formed dormant company was not entitled

to stay of execution on the grounds that the dormant company would not be able

to repay the judgment sum if later called upon to do so. Having resisted the

dormant company's proposition that another (active) company was the true contracting party, the paying party had "made its own bed .” Moreover, the delay in giving judgment had afforded the paying party the time to establish the true

entitlement had it chosen to do so.

Court decision summaries in full

Click on the options below to read a full summary and analysis. Access to courts in adjudication proceedings – application of ‘ pay now argue ’ later mantra

A & V Building Solutions Ltd v J & B Hopkins Ltd [2023] EWCA Civ 54 King LJ, Coulson

LJ and Popplewell LJ Judgment 27 January 2023

This was an appeal by AVB from the judgment of Eyre J ("the judge") given on 12

April 2022, granting various declarations in favour of JBH. The appeal raised issues

arising out of the parallel jurisdictions of a construction adjudicator, on the one

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