Willow Corp SARL v MTD Contractors Ltd [2019] EWHC 1192 (TCC) (03 May 2019)

Willow Corp SARL v MTD Contractors Ltd [2019] EWHC 1192 (TCC) (03 May 2019)

Given the unique circumstances and the linkage between the Part 8 proceedings and a pending judgment in another case, it is appropriate to proceed with the Part 7 enforcement hearing on 13 May 2019 and adjourn the Part 8 proceedings until after the related judgment is available, to avoid undue delay in enforcement while accommodating the need for proper determination of contractual issues.

Citation
[2019] EWHC 1192 (TCC)
Parties
Claimant: Willow Corp SARL; Defendant: MTD Contractors Ltd
Jurisdiction
England and Wales
Judgment Date
03 May 2019
Procedural Posture
Technology and Construction Court Proceedings (part 7 and Part 8) / Interlocutory Hearing Regarding Listing and Directions
Outcome
Part 7 enforcement hearing to proceed on 13 May 2019; Part 8 proceedings adjourned to be relisted after judgment in related proceedings.
Legal Topics
Adjudication Enforcement, Contract Construction, Case Management, Adjournment of Proceedings
Construction Law Civil Procedure Adjudication Enforcement Contract Construction Case Management Adjournment of Proceedings

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Parties

Willow Corp SARL

Claimant

MTD Contractors Ltd

Defendant

Procedural Posture

Technology and Construction Court Proceedings (part 7 and Part 8) / Interlocutory Hearing Regarding Listing and Directions

Legal Issues

  1. 1 Whether to adjourn both Part 7 and Part 8 proceedings due to linkage with another pending judgment
  2. 2 Whether to proceed with enforcement of adjudicator's decision pending resolution of related contractual issues

Ratio Decidendi

Given the unique circumstances and the linkage between the Part 8 proceedings and a pending judgment in another case, it is appropriate to proceed with the Part 7 enforcement hearing on 13 May 2019 and adjourn the Part 8 proceedings until after the related judgment is available, to avoid undue delay in enforcement while accommodating the need for proper determination of contractual issues.

Court Disposition

Part 7 enforcement hearing to proceed on 13 May 2019; Part 8 proceedings adjourned to be relisted after judgment in related proceedings.

Orders

  • Part 7 enforcement hearing listed for 13 May 2019.
  • Part 8 proceedings adjourned and to be relisted after judgment in HT-2018-000395 and HT-2019-000009.