Anglo Swiss Holdings Ltd & Ors v Packman Lucas Ltd [2009] EWHC 3212 (TCC) (09 December 2009)

Anglo Swiss Holdings Ltd & Ors v Packman Lucas Ltd [2009] EWHC 3212 (TCC) (09 December 2009)

Stay granted until claimants pay sums ordered by adjudicator and court judgments, due to unreasonable and oppressive conduct and elements of bad faith; security for costs ordered due to claimants' inability to pay, with staged payments; Pre-Action Protocol stay refused as prior adjudication sufficed.

Citation
[2009] EWHC 3212 (TCC)
Parties
Claimant: Anglo Swiss Holdings Limited; Claimant: Good Start Limited; Claimant: Mentmore Towers Limited; Defendant: Packman Lucas Limited
Jurisdiction
England and Wales
Judgment Date
09 December 2009
Procedural Posture
Consolidated Civil Claims (technology and Construction Court) / Interlocutory Applications (stay, Security for Costs, Protocol Compliance)
Outcome
Stay of proceedings granted until claimants pay adjudicated sums and provide security for costs; Pre-Action Protocol stay refused; costs awarded to defendant.
Legal Topics
Adjudication Enforcement, Security for Costs, Stay of Proceedings, Pre Action Protocol Compliance
Construction Law Civil Procedure Adjudication Enforcement Security for Costs Stay of Proceedings Pre Action Protocol Compliance

Case Brief

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Parties

Anglo Swiss Holdings Limited

Claimant

Good Start Limited

Claimant

Mentmore Towers Limited

Claimant

Packman Lucas Limited

Defendant

Procedural Posture

Consolidated Civil Claims (technology and Construction Court) / Interlocutory Applications (stay, Security for Costs, Protocol Compliance)

Legal Issues

  1. 1 Whether proceedings should be stayed pending compliance with TCC Pre-Action Protocol
  2. 2 Whether proceedings should be stayed pending payment of adjudicator's decisions and court judgments
  3. 3 Whether security for costs should be ordered against claimants

Ratio Decidendi

Stay granted until claimants pay sums ordered by adjudicator and court judgments, due to unreasonable and oppressive conduct and elements of bad faith; security for costs ordered due to claimants' inability to pay, with staged payments; Pre-Action Protocol stay refused as prior adjudication sufficed.

Court Disposition

Stay of proceedings granted until claimants pay adjudicated sums and provide security for costs; Pre-Action Protocol stay refused; costs awarded to defendant.

Orders

  • Stay of consolidated claims HT-09-410,411,412 until claimants pay all sums ordered by adjudicator.
  • Further stay until claimants provide £50,000 security for costs, with additional £90,000 upon exchange of witness statements.