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).
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