The Business Law Reports
[2021] Bus LR 1837
Court of Appeal
John Doyle Construction Ltd
v
Erith Contractors Ltd
[2021] EWCA Civ 1452
2021 July 15; Oct 7
Lewison, Coulson, Edis LJJ
Adjudication— Adjudication decision— Enforcement— Insolvent party referring dispute to adjudication in circumstances where responding party having cross-claim— Adjudicator making decision in insolvent party’s favour but not deciding net balance between parties— Insolvent party seeking to enforce adjudication decision by summary judgment— Whether offering sufficient security— Whether in principle insolvent party entitled to summary judgment on sum provisionally found to be due—
Insolvency (England and Wales) Rules 2016, r 6.42