J & B Hopkins Ltd v A & V Building Solution Ltd [2023] EWHC 1483 (TCC) (16 June 2023)

J & B Hopkins Ltd v A & V Building Solution Ltd [2023] EWHC 1483 (TCC) (16 June 2023)

Interest and costs awarded to J&BH in action 444 of 2022; A&V's application for stay of execution not finally determined—A&V permitted to adduce further evidence on inability to pay; in action 6 of 2023, A&V's claim for legal costs struck out, claim for Mr. Blizzard's fees reduced to 50%, final account claim allowed to proceed subject to amendment; application for judgment in default dismissed; other applications adjourned pending further evidence.

Citation
[2023] EWHC 1483 (TCC)
Parties
Claimant (ht 2022 000444), Defendant (ht 2023 000006): J & B Hopkins Limited; Defendant (ht 2022 000444), Claimant (ht 2023 000006): A & V Building Solution Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2023
Procedural Posture
Civil (construction Dispute) / Post Judgment Applications (interest, Costs, Stay of Execution, Strike Out, Security for Costs, Judgment in Default)
Outcome
Partially allowed and adjourned
Legal Topics
Adjudication Enforcement, Stay of Execution, Summary Judgment, Strike Out, Security for Costs, Default Judgment, Interest on Judgment, Costs Assessment
Construction Law Contract Law Civil Procedure Adjudication Enforcement Stay of Execution Summary Judgment Strike Out Security for Costs +3 more

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Parties

J & B Hopkins Limited

Claimant (ht 2022 000444), Defendant (ht 2023 000006)

A & V Building Solution Limited

Defendant (ht 2022 000444), Claimant (ht 2023 000006)

Procedural Posture

Civil (construction Dispute) / Post Judgment Applications (interest, Costs, Stay of Execution, Strike Out, Security for Costs, Judgment in Default)

Legal Issues

  1. 1 Whether interest and costs should be awarded in enforcement of adjudication decision
  2. 2 Whether a stay of execution should be granted on grounds of inability to pay
  3. 3 Whether the claimant's claim in action 6 of 2023 should be struck out or amended

Ratio Decidendi

Interest and costs awarded to J&BH in action 444 of 2022; A&V's application for stay of execution not finally determined—A&V permitted to adduce further evidence on inability to pay; in action 6 of 2023, A&V's claim for legal costs struck out, claim for Mr. Blizzard's fees reduced to 50%, final account claim allowed to proceed subject to amendment; application for judgment in default dismissed; other applications adjourned pending further evidence.

Court Disposition

Partially allowed and adjourned

Orders

  • Interest in action 444 of 2022 awarded to J&BH under Senior Courts Act 1981.
  • Costs in action 444 of 2022 awarded to J&BH in the sum of £20,822.