Laing O'Rourke Delivery Ltd v Shepperton Studios Ltd [2026] EWHC 612 (TCC) (16 March 2026)

Laing O'Rourke Delivery Ltd v Shepperton Studios Ltd [2026] EWHC 612 (TCC) (16 March 2026)

The Payment Notice 45 was invalid for failing to set out the basis of calculation as required by the contract. However, the Pay Less Notice 45 was valid as it provided sufficient detail of the deductions, and the contract allows deductions to be made even if the Payment Notice is invalid. Prior adjudications do not preclude enforcement as no separate enforcement proceedings were brought by SSL. Given LOR's insolvency and insufficient security, a stay of execution is appropriate.

Citation
[2026] EWHC 612 (TCC)
Parties
Claimant: Laing O'Rourke Delivery Limited; Defendant: Shepperton Studios Limited
Jurisdiction
England and Wales
Judgment Date
16 March 2026
Procedural Posture
Part 7 Claim (adjudication Enforcement) / Judgment on Summary Enforcement Application
Outcome
Judgment for the Claimant with stay of execution
Legal Topics
Adjudication Enforcement, Payment Notices, Pay Less Notices, Stay of Execution, Parent Company Guarantee, Set Off of Adjudication Decisions

Case Brief

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Parties

Laing O'Rourke Delivery Limited

Claimant

Shepperton Studios Limited

Defendant

Procedural Posture

Part 7 Claim (adjudication Enforcement) / Judgment on Summary Enforcement Application

  1. 1 Whether the Payment Notice 45 issued by SSL was valid under the contract
  2. 2 Whether the Pay Less Notice 45 was valid despite defects in the Payment Notice
  3. 3 Whether prior adjudications preclude enforcement of the notified sum

Ratio Decidendi

The Payment Notice 45 was invalid for failing to set out the basis of calculation as required by the contract. However, the Pay Less Notice 45 was valid as it provided sufficient detail of the deductions, and the contract allows deductions to be made even if the Payment Notice is invalid. Prior adjudications do not preclude enforcement as no separate enforcement proceedings were brought by SSL. Given LOR's insolvency and insufficient security, a stay of execution is appropriate.

Court Disposition

Judgment for the Claimant with stay of execution

Orders

  • SSL to pay LOR £3,198,660.64 plus VAT and contractual interest from 22 August 2025, subject to a stay of execution pending further order or resolution of Part 8 proceedings.