Able Construction (UK) Ltd v Forest Property Development Ltd [2009] EWHC 159 (TCC) (27 January 2009)

Able Construction (UK) Ltd v Forest Property Development Ltd [2009] EWHC 159 (TCC) (27 January 2009)

The claimant is entitled to summary judgment for the unpaid balance under the Settlement Agreement and the adjudicator's decision, as the defendant is in breach and no valid defence or subsequent binding agreement was established.

Citation
[2009] EWHC 159 (TCC)
Parties
Claimant: Able Construction (UK) Ltd.; Defendant: Forest Property Development Ltd.
Jurisdiction
England and Wales
Judgment Date
27 January 2009
Procedural Posture
Adjudication Enforcement Application Under CPR Part 24 / Summary Judgment Application
Outcome
Judgment for the claimant
Legal Topics
Adjudication Enforcement, Settlement Agreements, Summary Judgment, Interest on Commercial Debts, Indemnity Costs
Construction Law Contract Law Civil Procedure Adjudication Enforcement Settlement Agreements Summary Judgment Interest on Commercial Debts Indemnity Costs

Case Brief

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Parties

Able Construction (UK) Ltd.

Claimant

Forest Property Development Ltd.

Defendant

Procedural Posture

Adjudication Enforcement Application Under CPR Part 24 / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment to enforce an adjudicator's decision following breach of a settlement agreement
  2. 2 Whether a subsequent oral agreement altered the payment terms under the settlement agreement
  3. 3 Whether the court should award interest and indemnity costs

Ratio Decidendi

The claimant is entitled to summary judgment for the unpaid balance under the Settlement Agreement and the adjudicator's decision, as the defendant is in breach and no valid defence or subsequent binding agreement was established.

Court Disposition

Judgment for the claimant

Orders

  • Judgment for Able Construction (UK) Ltd. in the sum of £100,613.69
  • Interest awarded under the Late Payment of Commercial Debts (Interest) Act 1998