PBS Energo A.S. v Bester Generacion UK Ltd [2020] EWCA Civ 404 (19 March 2020)

PBS Energo A.S. v Bester Generacion UK Ltd [2020] EWCA Civ 404 (19 March 2020)

Where there is a properly arguable case that an adjudicator's decision was procured by fraud which could not have been raised in the adjudication, summary judgment enforcing the decision should be refused, and there is no requirement for a pleaded defence to raise such fraud at the summary judgment stage.

Citation
[2020] EWCA Civ 404
Parties
Appellant/claimant: PBS ENERGO A. S.; Respondent/defendant: BESTER GENERACION UK LIMITED
Jurisdiction
England and Wales
Judgment Date
19 March 2020
Procedural Posture
Appeal (civil) / Appeal From High Court (tcc) Judgment Refusing Summary Enforcement of Adjudicator's Decision
Outcome
Appeal dismissed
Legal Topics
Adjudication Enforcement, Fraud in Adjudication, Summary Judgment, Pleading Requirements, Stay of Execution
Construction Law Civil Procedure Adjudication Enforcement Fraud in Adjudication Summary Judgment Pleading Requirements Stay of Execution

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Parties

PBS ENERGO A. S.

Appellant/claimant

BESTER GENERACION UK LIMITED

Respondent/defendant

Procedural Posture

Appeal (civil) / Appeal From High Court (tcc) Judgment Refusing Summary Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether summary judgment enforcing an adjudicator's decision should be refused where there is an arguable case of fraud that could not have been raised in the adjudication
  2. 2 Whether a pleaded defence is required to raise fraud in resisting summary enforcement of an adjudicator's decision
  3. 3 Whether a stay of execution should be granted instead of refusing summary judgment

Ratio Decidendi

Where there is a properly arguable case that an adjudicator's decision was procured by fraud which could not have been raised in the adjudication, summary judgment enforcing the decision should be refused, and there is no requirement for a pleaded defence to raise such fraud at the summary judgment stage.

Court Disposition

Appeal dismissed

Orders

  • Refusal to enforce the adjudicator's decision
  • No summary judgment granted to appellant