5 results
15 Jan 2019 11:41
Adjudication Matters – January 2019Should I stay or will the money go? – Fraud, Dissipation of Assets, and Stays of Enforcement Gosvenor London Limited v Aygun Aluminium UK Limited [2018] EWCA Civ 2695 Summary The Court of Appeal has confirmed that a stay of enforcement of an adjudicator’s decision may be granted if there is a real more...
3 Dec 2018 12:09
Synergy Gas Services v Northern Gas Heating [2018] EWHC 3060 (TCC)Background An adjudication decision was made in favour of Synergy Gas Services against Northern Gas Heating on 8 August 2018. The present case concerns an application by Synergy Gas Services for enforcement of the adjudication award. The key issue was whether the adjudicator had breached natural more...
6 Nov 2018 16:17
Time is not on your side: North Midland Building Ltd v Cyden Homes Ltd [2018] EWCA Civ 1744Introduction In the case of North Midland Building Ltd v Cyden Homes Ltd, the Court of Appeal upheld a decision that a bespoke extension of time clause could be used to prevent entitlement to an extension of time in the event of concurrent delay. Summary of Key Principles Time at Large: If a delay more...
3 Apr 2018 14:02
4 New Square’s International Construction team boosted by latest recruit Dr Cyril Chern, FCIArbWe are delighted to announce Dr Cyril Chern has joined 4 New Square from Crown Office Chambers. A structural engineer and Chartered Architect, Chartered Arbitrator, as well as a barrister, Dr Chern specialises in complex engineering and construction projects. With over 40 years’ experience in more...
Adjudication enforcement and stays of execution
Equitix v Bester [2018] EWHC 177 (TCC) demonstrates some of the (rare) risks facing parties seeking to enforce adjudication decisions. After written and oral submissions, the Court ordered a substantial partial stay of execution (£4.5m) on enforcement of the adjudicator's decision. The decision may more...
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