J & B Hopkins Ltd v Trant Engineering Ltd

The adjudicator's decision must be enforced by summary judgment because Trant failed to serve valid payment or payless notices for Application 26, and subsequent payment cycles do not extinguish the right to adjudicate on earlier applications; no grounds for stay of execution exist as there is no evidence of manifest injustice.

Parties: Claimant: J & B Hopkins Limited; Defendant: Trant Engineering Limited
Jurisdiction: England and Wales
Judgment Date: 04 May 2020
Procedural Posture: Adjudication Enforcement / Summary Judgment Application
Outcome: Summary judgment granted to Claimant; application for stay of execution dismissed.
Legal Topics: Adjudication Enforcement, Interim Payments, Payment Notices, Payless Notices, Correction Principle, Stay of Execution

Construction Law Contract Law Adjudication Enforcement Interim Payments Payment Notices Payless Notices Correction Principle Stay of Execution

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 4

Parties

J & B Hopkins Limited

Claimant

Trant Engineering Limited

Defendant

Procedural Posture

Adjudication Enforcement / Summary Judgment Application

Legal Issues

1 Whether the adjudicator's decision should be enforced by summary judgment
2 Whether subsequent payment cycles supersede entitlement under Payment Application 26
3 Whether a stay of execution should be granted to prevent manifest injustice

Ratio Decidendi

Court Disposition

Summary judgment granted to Claimant; application for stay of execution dismissed.

Orders

Claimant awarded summary judgment for the adjudicator's decision amount.
Defendant's application for stay of execution dismissed.