J & B Hopkins Ltd v Trant Engineering Ltd [2020] EWHC 1305 (TCC) (04 May 2020)

J & B Hopkins Ltd v Trant Engineering Ltd [2020] EWHC 1305 (TCC) (04 May 2020)

The adjudicator's decision must be enforced by summary judgment because the defendant's failure to serve valid payment or payless notices under Application 26 rendered the sum due and payable, and subsequent payment cycles do not extinguish the right to adjudicate or enforce that entitlement. No grounds of jurisdiction or natural justice were raised, and the correction principle does not prevent enforcement. There is no manifest injustice or evidence justifying a stay of execution.

Citation
[2020] EWHC 1305 (TCC)
Parties
Claimant: J & B Hopkins Ltd; Defendant: Trant Engineering Ltd
Jurisdiction
England and Wales
Judgment Date
04 May 2020
Procedural Posture
Adjudication Enforcement (summary Judgment) / High Court (tcc) Summary Judgment Application
Outcome
Claimant granted summary judgment; defendant's application for stay of execution dismissed.
Legal Topics
Adjudication Enforcement, Interim Payments, Payment Notices, Payless Notices, Summary Judgment, Stay of Execution
Construction Law Civil Procedure Adjudication Enforcement Interim Payments Payment Notices Payless Notices Summary Judgment Stay of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

J & B Hopkins Ltd

Claimant

Trant Engineering Ltd

Defendant

Procedural Posture

Adjudication Enforcement (summary Judgment) / High Court (tcc) Summary Judgment Application

Legal Issues

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

Ratio Decidendi

The adjudicator's decision must be enforced by summary judgment because the defendant's failure to serve valid payment or payless notices under Application 26 rendered the sum due and payable, and subsequent payment cycles do not extinguish the right to adjudicate or enforce that entitlement. No grounds of jurisdiction or natural justice were raised, and the correction principle does not prevent enforcement. There is no manifest injustice or evidence justifying a stay of execution.

Court Disposition

Claimant granted summary judgment; defendant's application for stay of execution dismissed.

Orders

  • Summary judgment for the claimant enforcing the adjudicator's decision for £812,484.94 plus VAT.
  • Defendant's application for a stay of execution dismissed.