Outwing Construction Ltd v H. Randall and Sons Ltd
Citation: BLR 156
Nature of case:
In seeking to enforce an adjudicator’s decision under the Scheme for Construction Contracts, Outwing issued proceedings for the amount claimed plus costs, the action to be stayed on payment of the full amount into court. Outwing then made an application to abridge the time limits for acknowledgement of service and service of evidence. Randell paid the amount in full on the return date and Outwing sought the costs of the application. The court held that the automatic stay did not remove the court’s discretion as to costs of an application made before the payment and that the court could lift the stay where it was just to do so.