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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