MTD Contractors Ltd v Willow Corp Sarl

MTD Contractors Ltd v Willow Corp Sarl

The adjudicator's decision is presently valid and enforceable. Speculative reliance on the outcome of a pending challenge to a previous adjudication does not amount to a real prospect of a successful defence. The rationale of interim cash flow in adjudication enforcement requires that judgment be granted now, and any subsequent change in circumstances can be addressed in future proceedings.

Parties
Claimant: MTD Contractors Limited; 1st Defendant: Willow Corp SARL; 2nd Defendant: BDB Pitmans LLP
Jurisdiction
England and Wales
Judgment Date
13 May 2019
Procedural Posture
Civil (construction/commercial) / Summary Judgment Application to Enforce Adjudicator's Decision
Outcome
Summary judgment granted for the claimant.
Legal Topics
Adjudication Enforcement, Summary Judgment, Jurisdiction, Natural Justice, Retention Monies
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Jurisdiction Natural Justice Retention Monies

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Parties

MTD Contractors Limited

Claimant

Willow Corp SARL

1st Defendant

BDB Pitmans LLP

2nd Defendant

Procedural Posture

Civil (construction/commercial) / Summary Judgment Application to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced by summary judgment pending the outcome of a related Part 8 challenge
  2. 2 Whether a potential future finding that a previous adjudication was a nullity affects the enforceability of the current adjudicator's decision
  3. 3 Whether there is a real prospect of a successful defence based on jurisdiction or natural justice grounds

Ratio Decidendi

The adjudicator's decision is presently valid and enforceable. Speculative reliance on the outcome of a pending challenge to a previous adjudication does not amount to a real prospect of a successful defence. The rationale of interim cash flow in adjudication enforcement requires that judgment be granted now, and any subsequent change in circumstances can be addressed in future proceedings.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Judgment as claimed by MTD against Willow in the terms of the amounts ordered in the adjudicator's decision.
  • No stay of execution or conditional payment into court.