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Balfour Beatty Construction Ltd v Serco Ltd

27 November 2015

Citation: Balfour Beatty Construction Ltd v Serco Ltd

Nature of case: Based on a consideration of the case-law on set-off, including Levolux v Ferson, the court held that the claimant was entitled to summary judgment for the whole amount awarded by the adjudicator.  The defendant was not entitled to set-off having regard to the provisions of the contract.  There was also consideration of the adjudicator’s grant of an interim extension of time. 

Link to Judgment   

Counsel

Tim Elliott KC
Tim Elliott KC
Paul Buckingham KC
Paul Buckingham KC