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England and Wales decisions
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High Tech Construction Ltd v WLP Trading and Marketing Ltd [2026] EWHC 152 (TCC) (30 January 2026)
The High Court refused summary enforcement of an adjudicator’s decision where WLP had a real prospect of proving the alleged JCT contract never existed and fraud was in issue.
The court refused summary enforcement of an adjudicator’s award after finding a real prospect that the alleged JCT contract did not exist, creating a jurisdictional issue.
The Defendant was the overall successful party in both the stay application and the main proceedings. The Claimant’s application for a stay failed, and there were no grounds for departure from the general rule that the unsuccessful party pays costs. However, the Defendant lost on a significant issue (one invoice), warranting a 15% reduction in costs payable by the Claimant for the main proceedings. Costs are assessed on the standard basis, not indemnity.
Source excerpt
Crea & Anor v Camp & Anor [2025] EWHC 2638 (KB) (15 October 2025)
High Court appeal over a boundary dispute held that the parties had bound themselves to accept a jointly instructed surveyor’s boundary determination.
High Court appeal in a boundary dispute held that the parties’ December 2016 correspondence created a binding agreement to accept a surveyor’s boundary determination.
Xtellus Capital Partners Inc v DL Invest Group PM SA [2025] EWHC 1989 (Comm) (28 July 2025)
The High Court held that DL Invest Group PM S.A. was the contracting party, had held out Dominik Leszczyński as authorised, and owed Xtellus the success fee.
Commercial Court judgment on charterparty and guarantee claims, rejecting a purported restructuring agreement, waiver, and estoppel defenses.
Jesus Sanctuary Ministries Ltd v Ruby Properties Ltd [2025] EWHC 3043 (KB) (16 May 2025)
Permission to appeal was refused on nine grounds in a possession dispute. The court held the heads of terms were subject to contract, and lifted the stay on the possession order.
Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) [2025] EWHC 1134 (TCC) (12 May 2025)
Costs ruling in a TCC Part 8 claim: the Claimant was ordered to pay the Defendant’s stay-application costs and 85% of the main proceedings costs.
Jaevee Homes Ltd v Fincham [2025] EWHC 942 (TCC) (16 April 2025)
The High Court held that a demolition contract was formed by WhatsApp and email on 17 May 2023, not by a later written subcontract, and only one monthly payment application was permitted.
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