PBS v Bester (enforcement appeal – CA)
Citation:  EWCA Civ 404
The Claimant (PBS) appealed against the order of Pepperall J dismissing PBS’s application for summary judgment of an adjudicator’s decision on grounds of arguable fraud in procuring the decision. PBS submitted that there was a requirement to plead fraud in a Defence, and that the Court ought of its own motion have imposed a stay of execution. The appeal was unanimously dismissed.
Tom Owen appeared for the successful Respondent, led by Steven Walker QC and instructed by Rebecca Williams of Watson Farley and Williams.