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John Doyle Construction Ltd v Erith Contractors Ltd (Rev 1) [2020] EWHC 2451 (TCC)

30th Sep 2020

In John Doyle Construction Ltd v Erith Contractors Ltd [2020] EWHC 2451 (TCC), the first judgment from the High Court following the Supreme Court’s decision in Bresco v Lonsdale [2020] USKC 25, Riaz Hussain QC, instructed by Ed Shaw of DLA Piper, was successful in resisting enforcement of an adjudicator’s decision in favour of a company in liquidation.

In a much commented upon judgment, Fraser J considered the approach to enforcement applications by Parties in adjudication. On the facts it was held that insufficient security was provided both for the sum of the adjudicator’s decision and for the costs of final proceedings.

Riaz Hussain QC has also represented the successful parties in the two decisions where a Party in liquidation has successfully enforced an adjudicator’s decision namely Balfour Beatty Civil Engineering Ltd & Anor v Astec Projects Ltd [2020] EWHC 796 (TCC) and Styles and Wood v GECIF Trustees Unreported 4 September 2020.

Riaz Hussein QC (instructed by DLA Piper UK LLP) for the Defendant.

To read the full judgment please click here.

14 September 2020

 





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