MTD Contractors Ltd v Willow Corp Sarl [2019] EWHC 1612 (TCC) (13 May 2019)

MTD Contractors Ltd v Willow Corp Sarl [2019] EWHC 1612 (TCC) (13 May 2019)

The adjudicator's decision is currently valid and enforceable, and speculative or prospective challenges to an earlier adjudication decision do not provide a real prospect of a successful defence to enforcement. The possibility of a future Part 8 challenge affecting the earlier decision does not justify refusing summary judgment or imposing conditions such as payment into court. Immediate enforcement is required to maintain interim cash flow as intended by the adjudication scheme.

Citation
[2019] EWHC 1612 (TCC)
Parties
Claimant: MTD Contractors Limited; Defendant: Willow Corp SARL; Defendant: BDB Pitmans LLP
Jurisdiction
England and Wales
Judgment Date
13 May 2019
Procedural Posture
Part 7 Summary Judgment Application to Enforce Adjudicator's Decision / Judgment on Summary Judgment Application
Outcome
Summary judgment granted for the claimant
Legal Topics
Adjudication Enforcement, Summary Judgment, Jurisdiction, Natural Justice, Retention Monies, Building Contracts
Construction Law Civil Procedure Adjudication Enforcement Summary Judgment Jurisdiction Natural Justice Retention Monies Building Contracts

Case Brief

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Parties

MTD Contractors Limited

Claimant

Willow Corp SARL

Defendant

BDB Pitmans LLP

Defendant

Procedural Posture

Part 7 Summary Judgment Application to Enforce Adjudicator's Decision / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced by summary judgment pending the outcome of a Part 8 challenge to an earlier adjudication decision
  2. 2 Whether potential jurisdictional or natural justice defects in an earlier adjudication decision affect enforceability of the current decision

Ratio Decidendi

The adjudicator's decision is currently valid and enforceable, and speculative or prospective challenges to an earlier adjudication decision do not provide a real prospect of a successful defence to enforcement. The possibility of a future Part 8 challenge affecting the earlier decision does not justify refusing summary judgment or imposing conditions such as payment into court. Immediate enforcement is required to maintain interim cash flow as intended by the adjudication scheme.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Judgment for MTD Contractors Limited against Willow Corp SARL in the amounts ordered by the adjudicator's decision
  • No stay of execution or conditional payment into court granted