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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll