Phelan Construction v Elliots Construction Limited
Citation:  EWHC 428 (TCC)
In a recent adjudication enforcement case, the TCC recently returned to the issue of claimant in a Company Voluntary Arrangement (“CVA”). The decision of Roger Ter Haar QC, sitting as a Deputy High Court Judge, examined the terms of the CVA in question and the financial information available to the Court, and decided to enforce the adjudication award. As such, the Decision highlights the Court’s willingness to enforce an adjudicator’s award, notwithstanding that a claimant is in a CVA.
John Steel acted for the Claimant, instructed by Birketts.