PBS v Bester (enforcement appeal – CA)

Citation: [2020] EWCA Civ 404

The Claimant (PBS) appealed against the order of Pepperall J dismissing PBS’s application for summary judgment of an adjudicator’s decision on grounds of arguable fraud in procuring the decision.  PBS submitted that there was a requirement to plead fraud in a Defence, and that the Court ought of its own motion have imposed a stay of execution.  The appeal was unanimously dismissed.

Tom Owen appeared for the successful Respondent, led by Steven Walker QC and instructed by Rebecca Williams of Watson Farley and Williams.

JUDGMENT

Counsel

Tom Owen

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