Adjudication enforcement proceedings
Adjudication enforcement proceedings
The Claimant failed to pay any of the sums which the Adjudicator had decided were due.
On 20 September 2024, the Defendant issued proceedings in the TCC to enforce the Decision.
The Claimant filed a defence disputing the claim.
In a skeleton argument filed on Sunday 8 December 2024, the day before the hearing, the Claimant accepted that the sum was due but sought a stay of execution and, in the alternative, to set off the Costs Order.
At the hearing on 9 December 2024 (see the order of District Judge Baldwin):
The Defendant admitted the Claimant’s right to set off the Costs Order.
The Court granted summary judgment enforcing the Decision.
The Court refused the Claimant’s application for a stay of execution.
The Court ordered the Claimant to pay the net sum of £137,472.12 to the Defendant.
The Court ordered the Claimant to pay the Defendant’s costs of £22,871.20.
In breach of the enforcement order, the Claimant has not paid any part of the sums it was ordered to pay to the Defendant.
- Heading
- Mr Roger ter Haar KC
- PROCEDURAL HISTORY
- RELEVANT FACTUAL BACKGROUND
- Statutory demand
- The Adjudication
- Adjudication enforcement proceedings
- These Part 8 proceedings
- The Suitability of Part 8 Proceedings
- The Hearing before me
- The Starting Point for Considering the Application of the 1996 Act and the Scheme
- The Terms of the Parties’ Contract
- The First Two Declarations Sought
- The Application of the 1996 Act and the Statutory Scheme to the Invoices
- Did the Invoices set out the basis upon which the sum claimed was calculated?
- Conclusions
![HT-2024-000423 - [2025] EWHC 942 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png)