Assesmont Ltd v Brookvex IMS Ltd [2018] EWHC 2629 (TCC) (29 August 2018)

Assesmont Ltd v Brookvex IMS Ltd [2018] EWHC 2629 (TCC) (29 August 2018)

The allegations of fraud were not supported by clear and unambiguous evidence and could and should have been raised in the adjudication; therefore, they do not bar enforcement of the adjudicator's decision. No sufficient evidence was provided to justify a stay of execution based on Assesmont's alleged inability to repay.

Citation
[2018] EWHC 2629 (TCC)
Parties
Claimant: Assesmont Ltd; Defendant: Brookvex IMS Ltd
Jurisdiction
England and Wales
Judgment Date
29 August 2018
Procedural Posture
Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Application for Summary Judgment and Stay of Execution
Outcome
Judgment for the claimant; application for stay of execution refused.
Legal Topics
Adjudication Enforcement, Summary Judgment, Fraud Allegations in Enforcement, Stay of Execution, Payment Notices, Pay Less Notices
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Fraud Allegations in Enforcement Stay of Execution Payment Notices Pay Less Notices

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Parties

Assesmont Ltd

Claimant

Brookvex IMS Ltd

Defendant

Procedural Posture

Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Application for Summary Judgment and Stay of Execution

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced by summary judgment
  2. 2 Whether allegations of fraud bar enforcement of the adjudicator's decision
  3. 3 Whether there is clear and unambiguous evidence of fraud

Ratio Decidendi

The allegations of fraud were not supported by clear and unambiguous evidence and could and should have been raised in the adjudication; therefore, they do not bar enforcement of the adjudicator's decision. No sufficient evidence was provided to justify a stay of execution based on Assesmont's alleged inability to repay.

Court Disposition

Judgment for the claimant; application for stay of execution refused.

Orders

  • Summary judgment entered in favour of Assesmont Ltd for £59,763.11 plus VAT.
  • Application for stay of execution refused.