Gray and Sons Builders (Bedford) Ltd v Essential Box Company Ltd

Citation: 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 QC

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