FG Skerritt Ltd v Caledonian Building Systems Ltd

FG Skerritt Ltd v Caledonian Building Systems Ltd

Summary judgment is granted to enforce the adjudicator’s decision, but enforcement is stayed pending provision of a satisfactory guarantee from MGL and disclosure of management accounts, as FGS is insolvent and Caledonian has real grounds for equitable set-off and future claims.

Parties
Claimant: FG Skerritt Ltd; Defendant: Caledonian Building Systems Ltd
Jurisdiction
England and Wales
Judgment Date
03 July 2013
Procedural Posture
Commercial / Application for Summary Judgment and Stay of Enforcement
Outcome
Summary judgment granted; enforcement stayed pending provision of guarantee and management accounts.
Legal Topics
Adjudicator's Decision Enforcement, Summary Judgment, Stay of Execution, Guarantee as Security, Equitable Set Off, Insolvency and Assignment of Debts
Construction Law Insolvency Law Civil Procedure Adjudicator's Decision Enforcement Summary Judgment Stay of Execution Guarantee as Security Equitable Set Off +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

FG Skerritt Ltd

Claimant

Caledonian Building Systems Ltd

Defendant

Procedural Posture

Commercial / Application for Summary Judgment and Stay of Enforcement

Legal Issues

  1. 1 Should summary judgment be granted to enforce the adjudicator’s decision?
  2. 2 Should enforcement of the judgment be stayed due to the claimant’s insolvency?
  3. 3 Is a guarantee from the parent company sufficient to lift the stay?

Ratio Decidendi

Summary judgment is granted to enforce the adjudicator’s decision, but enforcement is stayed pending provision of a satisfactory guarantee from MGL and disclosure of management accounts, as FGS is insolvent and Caledonian has real grounds for equitable set-off and future claims.

Court Disposition

Summary judgment granted; enforcement stayed pending provision of guarantee and management accounts.

Orders

  • Summary judgment for sums in adjudicator’s decision.
  • Stay of enforcement pending execution and delivery of guarantee from MGL and production of management accounts.