Citation: [2026] EWHC 1509 (TCC)
Samuel Townend KC appeared for the successful Claimant in a Part 8 trial concerning whether an engineering consultancy agreement made adequate provision for the final date for payment as required by s.110(1)(b) of the Housing Grants, Construction and Regeneration Act 1996 and, if not, paragraph 8 of Part II of the Scheme for Construction Contracts was to apply. In those circumstances two pay less notices served by the employer were out of time and the notified sums had to be paid.
The trial additionally concerned the Defendant employer’s argument that there was a statutorily compliant estoppel by convention, the existence of which case meant that the matter was not appropriate for Part 8 and that full Part 7 case management to trial was required. In the alternative, that a stay of enforcement should apply given the Claimant’s financial position.
Eyre J. decided in favour of the Claimant in all respects.
You can read the full judgment here.
