WRB (N.I.) Limited v Henry Construction Projects Limited

WRB (N.I.) Limited v Henry Construction Projects Limited

Summary judgment granted for the adjudicator's award and fees; VAT not awarded due to lack of evidence of entitlement; stay of execution refused as Henry Construction contracted with a dormant company and the financial position is unchanged since contract.

Parties
Claimant: WRB (N. I.) Limited; Defendant: Henry Construction Projects Limited
Jurisdiction
England and Wales
Judgment Date
10 February 2023
Procedural Posture
Summary Judgment Application to Enforce Adjudicator's Decision / Judgment
Outcome
Summary judgment granted for £139,799.20; stay of execution refused.
Legal Topics
Adjudication Enforcement, Stay of Execution, Dormant Company Liability, VAT Entitlement, Cross Claims
Construction Law Contract Law Civil Procedure Adjudication Enforcement Stay of Execution Dormant Company Liability VAT Entitlement Cross Claims

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Parties

WRB (N. I.) Limited

Claimant

Henry Construction Projects Limited

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudicator's Decision / Judgment

Legal Issues

  1. 1 Whether summary judgment should be granted to enforce the adjudicator's decision
  2. 2 Whether VAT is payable on the adjudicator's award
  3. 3 Whether a stay of execution should be granted due to the claimant's financial position

Ratio Decidendi

Summary judgment granted for the adjudicator's award and fees; VAT not awarded due to lack of evidence of entitlement; stay of execution refused as Henry Construction contracted with a dormant company and the financial position is unchanged since contract.

Court Disposition

Summary judgment granted for £139,799.20; stay of execution refused.

Orders

  • Henry Construction to pay £120,752.14 plus interest of £271.26 to WRB (N. I.) Limited.
  • Henry Construction to reimburse £18,775.80 adjudicator's fees and expenses to WRB (N. I.) Limited.