Reported Cases

Kier Regional Ltd (t/a Wallis) v City & General (Holborn) Ltd  [2008]  Adj.L.R. 10/17

Nature of case:
This TCC case concerns an attempt by the applicant contractor to enforce a judgment against the respondent property owner by finalising an interim third party debt order.  Kier obtained an adjudication award against City & General for loss and expense due to delays in a property development.  City & General resisted paying the award.  Kier sought to enforce the award using a third party debt order against City & General’s joint venture partner who provided assistance in the purchase of the relevant property.  Kier claimed the third party was City & General’s most significant debtor, with debts arising from joint venture profits and losses.  The third party resisted the debt order, arguing that the sums were contingent liabilities, not debts.  They also claimed that as the arbitration award was in doubt, there should be no further steps to enforce the order.

Counsel: Adam Constable QC

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