Ledwood Mechanical Engineering Ltd v Whessoe Oil and Gas Ltd

Citation: EWHC 2743 (TCC), All ER (D) 294 TCC, 2008 BLR 1998

Nature of case:
In seeking to resist enforcement of an adjudicator’s award based on wrongful deduction of sums from an interim payment, the defendant argued that it had subsequently revised its payment notice so that no sum remained owing.  The court, granting summary judgment, stated the general principle that a party was entitled to have an adjudicator’s decision enforced without taking account of subsequent events.  There are limited exceptions notably the setting off of LADs, but none that applied here.

 

Counsel

Adam Constable QC

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