SG South Ltd v King’s Head Cirencester LLP
Citation: EWHC 2645 (TCC), [2009] All ER (D) 120 (Nov), [2010] CILL 2793, [2010] BLR 47
Nature of case:
The Applicant Building Contractor applied for summary judgment of its claim to enforce two adjudicators’ decisions made against the Respondent Commercial Developers pursuant to a construction contract. In an attempt to defeat enforcement, the Respondent alleged that it had become aware of widespread fraud by the Applicant. However, Akenhead, J. held that the allegations of fraud by the Respondent could not be deployed to defeat the enforcement of two adjudicators’ awards in favour of the Applicant where there had been no attempt to quantify the alleged fraud, which was in contrast to the requirement that allegations of fraud be spelt out and at the very least on their face supported by credible evidence.
Please click here to read Judgment
