header-logo header-logo

19 February 2009
Issue: 7357 / Categories: Features , Procedure & practice , LexisPSL
printer mail-detail

Adjudication and CVA's

Elspeth Owens highlights the relevance of the financial difficulties of a judgment creditor to the enforcement of an adjudicator’s award

CVAs & the enforcement of adjudicator awards

(Ref. NLJ, KnowHow,13 February 2009, p 228  and Mead General Building Ltd v Dartmoor Properties Ltd [2009] EWHC 200 (TCC))

 

Last week Janna Purdie discussed some of the issues affecting adjudication awards in the current economic climate. This week’s article examines the impact of Creditors Voluntary Agreements (CVAs) on the enforcement of an adjudicator’s award. Mr Justice Coulson, in the Technology and Construction Court (TCC) held that:

 the fact that a claimant is the subject of a CVA is a relevant (but not conclusive) factor for the court to take into account when deciding whether to grant a stay of execution pursuant to RSC Order 47 after the grant of summary judgment to enforce an adjudicator’s decision.

 

Facts of the case

An adjudicator ordered (the employer) to pay sums just short of £350,000 to Mead (the contractor).

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll