HT-2024-LIV-000011 - [2024] EWHC 1713 (TCC)

Fecha: 28-May-2024

Heading

Neutral citation number: [2024] EWHC 1713 (TCC)

Construction – Adjudication enforcement – Summary judgment – Whether the court could correct an incontrovertible error in the adjudicator’s approach to the quantification of damages on an application for summary judgment – Whether issue of law capable of being raised by way of partial defence to the summary enforcement of an adjudicator’s decision – Whether decision severable – Adjudicator’s decision enforced only in part – Hutton Construction Ltd v Wilson Properties (London) Ltd[2017] EWHC 517 (TCC), [2017] BLR 344 applied

Case No: HT-2024-LIV-000011

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS

IN LIVERPOOL

TECHNOLOGY AND CONSTRUCTION COURT (KBD)

Liverpool Civil & Family Courts

35 Vernon Street

Liverpool

L2 2BX

Tuesday 28May 2024

Before:

HIS HONOUR JUDGE HODGE KC

Sitting as a Judge of the High Court

B E T W E E N:

ISG RETAIL LTD

Claimant

- and -

FK CONSTRUCTION LTD

Defendant

MR SEAN BRANNIGAN KC (instructed by Mantle Law (UK) LLP, London) appeared on behalf of the Claimant

MR SIMON HARGREAVES KC (instructed by Addleshaw Goddard LLP, Manchester) appeared on behalf of the Defendant

This Transcript is Crown Copyright. It may not be reproduced in whole or in part, other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.

APPROVED JUDGMENT

JUDGE HODGE KC: