Gray and Sons Builders (Bedford) Ltd v Essential Box Company
Ltd
[2006]
All ER (D) 285 TCC, [2006] EWHC 2520 (TCC), 108 Con LR 49, [2006] CILL 2395
Nature of case
Where an adjudicator’s award had not been
met by payment from the defendant, the defendant’s solicitors had
indicated that the claimant’s enforcement proceedings would be
contested and took a number of technical points. On the day
before the hearing of the enforcement application, they indicated
that the application would not be contested. The claimant
obtained indemnity costs, the court holding that defendants who
avoided paying on an adjudicator’s decision until the last moment
or beyond were seeking to frustrate the adjudication provisions of
the HGCR Act.
Counsel: Piers Stansfield
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