Windglass Windows Ltd v Capital Skyline Construction Ltd & Anor

Windglass Windows Ltd v Capital Skyline Construction Ltd & Anor

Capital’s withholding notices did not comply with statutory requirements, so the adjudicator’s decision is enforceable and summary judgment is granted. The claim against LCGH is adjourned for further hearing as the guarantee’s enforceability and the surety’s liability require oral evidence and legal argument.

Parties
Claimant: Windglass Windows Ltd; First Defendant: Capital Skyline Construction Ltd; Second Defendant: London and City Group Holdings Ltd (formerly Sunlight Projects Group Holdings Ltd)
Jurisdiction
England and Wales
Judgment Date
14 July 2009
Procedural Posture
Summary Judgment Application / Judgment on Summary Judgment Application and Directions for Further Hearing
Outcome
Summary judgment granted against Capital Skyline Construction Ltd; claim against LCGH adjourned.
Legal Topics
Adjudication Enforcement, Withholding Notices, Guarantee Liability, Statute of Frauds, Set Off and Counterclaim
Construction Law Contract Law Adjudication Enforcement Withholding Notices Guarantee Liability Statute of Frauds Set Off and Counterclaim

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Parties

Windglass Windows Ltd

Claimant

Capital Skyline Construction Ltd

First Defendant

London and City Group Holdings Ltd (formerly Sunlight Projects Group Holdings Ltd)

Second Defendant

Procedural Posture

Summary Judgment Application / Judgment on Summary Judgment Application and Directions for Further Hearing

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced against Capital Skyline Construction Ltd
  2. 2 Whether the withholding notices issued by Capital were effective under the Housing Grants Construction and Regeneration Act 1996
  3. 3 Whether LCGH is liable as guarantor under the letter of 5th November 2008

Ratio Decidendi

Capital’s withholding notices did not comply with statutory requirements, so the adjudicator’s decision is enforceable and summary judgment is granted. The claim against LCGH is adjourned for further hearing as the guarantee’s enforceability and the surety’s liability require oral evidence and legal argument.

Court Disposition

Summary judgment granted against Capital Skyline Construction Ltd; claim against LCGH adjourned.

Orders

  • Summary judgment for Windglass Windows Ltd against Capital Skyline Construction Ltd in the sum of £185,033.83 plus interest at £40.19 per day until payment.
  • Claim against London and City Group Holdings Ltd adjourned to September for oral evidence and legal argument, contingent on non-payment by Capital.