Guardi Shoes Ltd v Datum Contracts
[2002]
CILL 1934 Companies Court
Nature of case
Following a dispute over a shop refurbishment, the client
Guardi refused to allow contractors Datum to remedy defects.
Datum obtained an award of £108,000 on adjudication; Guardi failing
to serve a s.111 HGCR Act notice. When Guardi failed to
honour the award, Datum made a statutory demand followed by steps
for a winding-up petition. Guardi sought to continue an
injunction against the advertisement of the petition, but the court
refused the application; Guardi had only itself to blame for
failing to serve the s.111 notice and could not allege abuse of
process merely because it might have an arguable
counter-claim.
Counsel: Piers Stansfield
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