hand, and the courts, on the other. It also raised discrete points about the proper
interpretation of the parties' Sub-Contract.
There were two adjudications.
In the first adjudication, AVB sought payment of its interim payment application
number 14. JBH took a very limited part. In his decision in January 2021, the
adjudicator found that interim payment application 14 was valid and awarded AVB
£138,010.86. That sum was never paid.
In December 2021, while the first adjudication was in progress, JBH commenced
'pre-emptive' proceedings for declarations that payment application 14 was
invalid because it was sent one day late, that its own subsequent payment notice
was valid, and that it had overpaid AVB. The application was heard 12 April 2022,
and Eyre J (a) declined to strike out the part 8 application; (b) decided that interim
payment application 14 was late and invalid and that the JBH's payment notice
was valid. AVB applied for and were granted leave to appeal that decision.
Meanwhile, AVB belatedly commenced enforcement proceedings in March 2022.
Because of the delay in the commencement, AVB's enforcement proceedings
were not brought on for hearing at the same time as JBH's part 8 proceedings.
After permission to appeal against the judge's order was granted, there was a
second adjudication. The second adjudication, on the Final Account, was begun in
June 2022 by AVB. The second adjudicator's decision was dated 6 July 2022, in
which he concluded, amongst other things, that AVB had failed to prove any
entitlement to the Final Account sum they claimed of £455,526.53 and that the true
value of the Sub-Contract works was just £289,182.31, which was less than AVB had
already been paid. As a result of the decision in the second adjudication, AVB
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