Able Construction (UK) Ltd v Forest Property Development Ltd

Able Construction (UK) Ltd v Forest Property Development Ltd

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, has no defence, and no enforceable oral variation was reached. The Settlement Agreement expressly allows enforcement in the event of default. Interest and indemnity costs are also awarded.

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 (summary Judgment) / Judgment on Summary Judgment Application Under CPR Part 24
Outcome
Judgment for the claimant (Able Construction) for £100,613.69 plus indemnity costs to be assessed.
Legal Topics
Adjudication Enforcement, Settlement Agreements, Summary Judgment, Interest on Commercial Debts, Indemnity Costs
Construction 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 (summary Judgment) / Judgment on Summary Judgment Application Under CPR Part 24

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment to enforce an adjudicator’s decision under CPR Part 24
  2. 2 Effect of a subsequent settlement agreement on enforcement of the adjudicator’s decision
  3. 3 Whether an oral agreement to vary payment terms was reached and is enforceable

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, has no defence, and no enforceable oral variation was reached. The Settlement Agreement expressly allows enforcement in the event of default. Interest and indemnity costs are also awarded.

Court Disposition

Judgment for the claimant (Able Construction) for £100,613.69 plus indemnity costs to be assessed.

Orders

  • Judgment for Able Construction in the sum of £100,613.69 (principal and interest)
  • Able Construction to provide a bill of costs within seven days for assessment; costs to be added to the judgment sum