Gray & Sons Builders (Bedford) Ltd. v Essential Box Company Ltd.

Gray & Sons Builders (Bedford) Ltd. v Essential Box Company Ltd.

The Defendant had no defence to enforcement and unreasonably resisted payment until the last moment, justifying indemnity costs; offers to pay by instalments were irrelevant as the Claimant was entitled to immediate payment.

Source-derived case information.

Parties
Claimant: Gray & Sons Builders (Bedford) Limited; Defendant: Essential Box Company Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2006
Procedural Posture
Civil Construction Adjudication Enforcement / Summary Judgment Application
Outcome
Judgment for the Claimant; enforcement of adjudicator's decision; indemnity costs awarded.
Legal Topics
Adjudication Enforcement, Costs Assessment, Indemnity Costs, Jurisdiction of Adjudicator
Construction Law Civil Procedure Adjudication Enforcement Costs Assessment Indemnity Costs Jurisdiction of Adjudicator

Source-derived case record

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Parties

Gray & Sons Builders (Bedford) Limited

Claimant

Essential Box Company Limited

Defendant

Procedural Posture

Civil Construction Adjudication Enforcement / Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced
  2. 2 Whether costs should be assessed on an indemnity basis
  3. 3 Whether the Defendant's conduct justified indemnity costs

Ratio Decidendi

The Defendant had no defence to enforcement and unreasonably resisted payment until the last moment, justifying indemnity costs; offers to pay by instalments were irrelevant as the Claimant was entitled to immediate payment.

Court Disposition

Judgment for the Claimant; enforcement of adjudicator's decision; indemnity costs awarded.

Orders

  • Judgment for the Claimant in the sum of £115,436.04 to be paid by 25 October 2006.
  • Interest to accrue at £34.93 per day until payment.