ISG Retail Ltd v FK Construction Ltd [2023] EWHC 2012 (TCC) (02 August 2023)

ISG is entitled to repayment of the Wood Overpayment because the court's final determination in the Shawyer Proceedings rendered the adjudicator's decision incorrect and no longer binding. FK's arguments regarding contractual mechanisms, estoppel, and other adjudicator decisions do not prevent repayment.

Citation: [2023] EWHC 2012 (TCC)
Parties: Claimant: ISG Retail Limited; Defendant: FK Construction Limited
Jurisdiction: England and Wales
Judgment Date: 02 August 2023
Procedural Posture: Part 8 Proceedings / Summary Judgment and Declaratory Relief
Outcome: Summary judgment granted for repayment of the Wood Overpayment to ISG.
Legal Topics: Adjudication Enforcement, Repayment of Overpayment, Notified Sum Disputes, Restitution

Construction Law Contract Law Adjudication Enforcement Repayment of Overpayment Notified Sum Disputes Restitution

Case Brief

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Parties

ISG Retail Limited

Claimant

FK Construction Limited

Defendant

Procedural Posture

Part 8 Proceedings / Summary Judgment and Declaratory Relief

Legal Issues

1 Whether ISG is entitled to repayment of the 'Wood Overpayment' following a final court determination contrary to the adjudicator's decision
2 Whether FK can avoid repayment by relying on other adjudicator decisions or contractual mechanisms

Ratio Decidendi

Court Disposition

Summary judgment granted for repayment of the Wood Overpayment to ISG.

Orders

FK Construction Limited to repay ISG Retail Limited the sum of £1,751,063.70 plus interest.
No relief granted in respect of the Molloy Decision.