Articles from the Silver Shemmings Ash Team on contractual matters, recent case law changes and items of interest in the construction and property world
May 3, 2019 | Silver Shemmings
Further clarification on the impact of a CVA on adjudication enforcement in Indigo Projects London Ltd v Razin and another  EWHC 1205 (TCC)
A CVA is the only form of insolvency arrangement under which an adjudicator’s decision can be enforced. In Bresco v Michael J Lonsdale and Cannon v Primus, the Court of Appeal upheld a first instance enforcement on the basis that the counter-claim had been decided on the merits, resulting in there being no interference with the supervisor’s accounting process.
Indigo was unsuccessful in arguing that it, too, should have its decision enforced. The Court declined to because the decision related to an interim payment dispute (lack of payment/ pay less notice) and as such, the merits of the application had not been dealt with (in addition to the fact that the Razins had a substantial, and as-yet unquantified counterclaim).
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