Henry Construction Projects Limited v Promep Limited

Henry Construction Projects Limited v Promep Limited

Clause 8.3 of the CVA expressly excluded all assets other than those specified from the arrangement, so ProMep's claims against Henry were not compromised or subject to insolvency set-off. The CVA did not operate as a full and final settlement of all mutual claims, and the adjudicator's decision was not procured by fraud or material misrepresentation. Summary judgment for enforcement was appropriate.

Parties
Claimant/defendant: Henry Construction Projects Limited; Claimant/defendant: ProMEP Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2024
Procedural Posture
Civil (construction/commercial) / Judgment on Summary Enforcement and Declaratory Relief
Outcome
Summary judgment granted for enforcement of the adjudicator's decision; declarations sought by Henry refused.
Legal Topics
Company Voluntary Arrangement (cva), Adjudication Enforcement, Insolvency Set Off, Contract Interpretation
Insolvency Construction Law Contract Law Company Voluntary Arrangement (cva) Adjudication Enforcement Insolvency Set Off Contract Interpretation

Case Brief

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Parties

Henry Construction Projects Limited

Claimant/defendant

ProMEP Limited

Claimant/defendant

Procedural Posture

Civil (construction/commercial) / Judgment on Summary Enforcement and Declaratory Relief

Legal Issues

  1. 1 Whether ProMep's claims against Henry were compromised by the CVA and subject to insolvency set-off
  2. 2 Whether Henry's claims against ProMep were compromised by the CVA
  3. 3 Whether the adjudicator's decision was procured by fraud or material misrepresentation

Ratio Decidendi

Clause 8.3 of the CVA expressly excluded all assets other than those specified from the arrangement, so ProMep's claims against Henry were not compromised or subject to insolvency set-off. The CVA did not operate as a full and final settlement of all mutual claims, and the adjudicator's decision was not procured by fraud or material misrepresentation. Summary judgment for enforcement was appropriate.

Court Disposition

Summary judgment granted for enforcement of the adjudicator's decision; declarations sought by Henry refused.

Orders

  • Adjudicator's decision enforced by summary judgment.
  • No declarations granted in favour of Henry regarding compromise of claims by CVA.