that part and enforce the remainder[9].
In this case, the compensation awarded is a fixed sum in respect of a discrete issue and of very modest value in comparison to the remainder of the award. Therefore, it would have been an appropriate case for the court to consider severance. However, as was common ground, ESG had failed to raise this challenge to Mr Silver's jurisdiction in the Second Adjudication, despite raising other such challenges. Therefore, any right to challenge jurisdiction in respect of the compensation issue was waived: Bresco (above).
Summary judgment was granted.
Stay
The alternative application for a stay of execution failed on the grounds that the evidence fell short of showing a probable inability to repay, where BHL was a going concern with no indication of insolvency or improper distributions.
[9] Cantillon Ltd v. Urvasco Ltd [2008] EWHC 282 (TCC) per Akenhead J at [63]; Willow Corp SARL v MTD Contractors Ltd [2019] EWHC 1591 (TCC) per Pepperall J at [68]-[74].
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