Rochford Construction Ltd v Kilhan Construction Ltd [2020] EWHC 1947 (TCC) (31 January 2020)

Rochford Construction Ltd v Kilhan Construction Ltd [2020] EWHC 1947 (TCC) (31 January 2020)

The enforcement hearing for the adjudicator's decision will proceed as listed on 13 February 2020, and the Part 8 claim will be listed separately for a full-day hearing on 12 March 2020. It is not appropriate or realistic to combine both hearings within the two-hour time estimate, and delaying enforcement would be contrary to established principles and authority.

Citation
[2020] EWHC 1947 (TCC)
Parties
Claimant: Rochford Construction Ltd; Defendant: Kilhan Construction Ltd
Jurisdiction
England and Wales
Judgment Date
31 January 2020
Procedural Posture
Case Management Hearing (tcc) / Interlocutory (case Management Directions for Enforcement and Part 8 Claim)
Outcome
Enforcement hearing to proceed on 13 February 2020; Part 8 claim listed for separate hearing on 12 March 2020.
Legal Topics
Adjudication Enforcement, Interim Payment Applications, Part 8 Claims, Case Management, Pay Less Notice Requirements
Construction Law Civil Procedure Adjudication Enforcement Interim Payment Applications Part 8 Claims Case Management Pay Less Notice Requirements

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Parties

Rochford Construction Ltd

Claimant

Kilhan Construction Ltd

Defendant

Procedural Posture

Case Management Hearing (tcc) / Interlocutory (case Management Directions for Enforcement and Part 8 Claim)

Legal Issues

  1. 1 Whether the Part 8 claim challenging the adjudicator's decision should be heard together with the enforcement application
  2. 2 Whether the adjudicator's decision should be enforced pending the outcome of the Part 8 claim
  3. 3 Whether the time estimate for hearing both matters together is realistic

Ratio Decidendi

The enforcement hearing for the adjudicator's decision will proceed as listed on 13 February 2020, and the Part 8 claim will be listed separately for a full-day hearing on 12 March 2020. It is not appropriate or realistic to combine both hearings within the two-hour time estimate, and delaying enforcement would be contrary to established principles and authority.

Court Disposition

Enforcement hearing to proceed on 13 February 2020; Part 8 claim listed for separate hearing on 12 March 2020.

Orders

  • Adjudication enforcement hearing to take place on 13 February 2020 as listed.
  • Part 8 claim to be listed for a full-day hearing on 12 March 2020, with half a day for pre-reading.