UK GRID SOLUTIONS LTD AND ANOTHER AGAINST SCOTTISH HYDRO ELECTRIC TRANSMISSION PLC [2024] ScotCS CSOH_5 (24 January 2024)

UK GRID SOLUTIONS LTD AND ANOTHER AGAINST SCOTTISH HYDRO ELECTRIC TRANSMISSION PLC [2024] ScotCS CSOH_5 (24 January 2024)

The adjudicator addressed and determined the defender's set-off defence in section 10 of his decision, finding that compensation events should be assessed prospectively and payment ordered, thus precluding set-off for liquidated damages at the relevant time. The adjudicator's reasoning was sufficient and his financial award was clear and enforceable.

Citation
[2024] ScotCS CSOH_5
Parties
Pursuer: UK Grid Solutions Limited; Pursuer: Amey Power Services Limited; Defender: Scottish Hydro Electric Transmission PLC
Jurisdiction
Scotland
Judgment Date
24 January 2024
Procedural Posture
Commercial Enforcement / Judgment on Enforcement of Adjudicator's Decision
Outcome
defender's pleas repelled; pursuers' pleas sustained; decree granted as first and second concluded for
Legal Topics
Adjudication Enforcement, Compensation Events, Liquidated Damages, Set Off, Natural Justice
Construction Law Contract Law Adjudication Enforcement Compensation Events Liquidated Damages Set Off Natural Justice

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Parties

UK Grid Solutions Limited

Pursuer

Amey Power Services Limited

Pursuer

Scottish Hydro Electric Transmission PLC

Defender

Procedural Posture

Commercial Enforcement / Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator failed to address material lines of defence including set-off and liquidated damages
  2. 2 Whether the adjudicator provided adequate reasons for his decision
  3. 3 Whether the adjudicator's financial award was enforceable

Ratio Decidendi

The adjudicator addressed and determined the defender's set-off defence in section 10 of his decision, finding that compensation events should be assessed prospectively and payment ordered, thus precluding set-off for liquidated damages at the relevant time. The adjudicator's reasoning was sufficient and his financial award was clear and enforceable.

Court Disposition

defender's pleas repelled; pursuers' pleas sustained; decree granted as first and second concluded for

Orders

  • Payment by defender to pursuers of £1,834,573.43 within 7 days of the adjudicator's decision
  • Payment of interest of £98,367.26 plus further interest at 6% per annum until payment