Straw Realisations (No 1) v Shaftesbury House (Development) Ltd

Citation: EWHC 2597 (TCC), [2011] BLR 47, 133 Con LR 82

Nature of case:
The administrators of the claimant contractor sought summary judgment of 2 adjudication decisions in their favour against the defendant client.  The contractor had gone into administration after the first decision and after the second adjudicator had been appointed.  The contract provided that no money was to be payable to the contractor after an act of insolvency.  The defendants argued unsuccessfully that the adjudicator had no jurisdiction or was in breach of natural justice in proceeding after the administration.  Where the adjudicator’s decision had become final, summary judgment could be granted subject to a stay on the first adjudication, although not on the second, which was valid but had not become final.

Link to Judgement

Counsel

Marc Rowlands QC

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