NO SET OFF WHEN NO EFFECTIVE NOTICE GIVEN UNDER s111

Solland International Ltd v Daraydan Holdings Ltd [2001] EWHC 220 (Technology) (unreported, 15 February 2002)

In Solland International Ltd v Daraydan Holdings Ltd [2001] EWHC 220 (Technology) (unreported, 15 February 2002) Judge Richard Seymour QC confirmed that a defendant who fails to give an effective notice of intention to withhold payment under s111(1) of the Housing Grants, Construction and Regeneration Act 1996 cannot resist enforcement of the award on the ground that it has a claim against the claimant the effect of which is to reduce or to eliminate the claim brought by the claimant. Employers must therefore take great care to ensure that they comply with the terms of s111(1).