J & B Hopkins Ltd v A & V Buildings Solution Ltd

J & B Hopkins Ltd v A & V Buildings Solution Ltd

A&V's claim in action 6 of 2023 is defective and must be amended to provide proper particulars; claims for legal costs already adjudicated are struck out. A&V's application for judgment in default is dismissed. The application for a stay of execution in action 444 of 2022 is adjourned to allow A&V to provide further evidence of its financial position and that of its principal, Mr. Paduraru. J&BH is awarded interest and costs in action 444 of 2022. Other applications are adjourned pending resolution of the stay application.

Parties
Claimant in HT 2022 000444 / Defendant in HT 2023 000006: J & B Hopkins Limited; Defendant in HT 2022 000444 / Claimant in HT 2023 000006: A & V Building Solution Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (construction Dispute) / Post Judgment Applications (interest, Costs, Stay of Execution, Strike Out, Security for Costs, Judgment in Default)
Outcome
Partial strike out and amendment ordered; stay application adjourned for further evidence; interest and costs awarded; default judgment application dismissed; other applications adjourned.
Legal Topics
Adjudication Enforcement, Stay of Execution, Summary Judgment, Strike Out, Security for Costs, Default Judgment
Construction Law Civil Procedure Adjudication Enforcement Stay of Execution Summary Judgment Strike Out Security for Costs Default Judgment

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Parties

J & B Hopkins Limited

Claimant in HT 2022 000444 / Defendant in HT 2023 000006

A & V Building Solution Limited

Defendant in HT 2022 000444 / Claimant in 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 action 444 of 2022
  2. 2 Whether a stay of execution should be granted in action 444 of 2022
  3. 3 Whether the claim in action 6 of 2023 should be struck out or amended

Ratio Decidendi

A&V's claim in action 6 of 2023 is defective and must be amended to provide proper particulars; claims for legal costs already adjudicated are struck out. A&V's application for judgment in default is dismissed. The application for a stay of execution in action 444 of 2022 is adjourned to allow A&V to provide further evidence of its financial position and that of its principal, Mr. Paduraru. J&BH is awarded interest and costs in action 444 of 2022. Other applications are adjourned pending resolution of the stay application.

Court Disposition

Partial strike out and amendment ordered; stay application adjourned for further evidence; interest and costs awarded; default judgment application dismissed; other applications adjourned.

Orders

  • A&V to amend its claim in action 6 of 2023 to provide proper particulars for the Final Account and adjudicator's fees (reduced to £17,400); claims for legal costs (items 3, 4, 5) struck out.
  • A&V's application for judgment in default in action 6 of 2023 dismissed.