Equitix ESI CHP (Wrexham) Limited v Bester Generacion UK Limited

Citation: [2018] EWHC 177 (TCC)

The Employer (Equitix) engaged the Contractor (Bester) to design and build the Wrexham Biomass Fired Energy Generating Plant. Equitix terminated Bester.  Equitix commenced two adjudications against Bester, first, in respect of entitlement to EOT (none found by the Adjudicator) and, second, as to the validity and monetary entitlement from Equitix’s termination (valid termination found by the Adjudicator and entitlement to c.£10m).

After written and oral submissions, the Court ordered a substantial partial stay of execution (£4.5m) on enforcement of the adjudicator’s decision.

Tom Owen acted for Bester in successfully obtaining the stay.

Full Judgment

Article on LinkedIn by Tom Owen

Counsel

Tom Owen KC

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