ADJUDICATION, LIQUIDATED DAMAGES AND STAY OF EXECUTION

Avoncroft Construction Ltd v Sharba Homes Ltd [2008] EWHC 933(TCC)

In Avoncroft Construction Ltd v Sharba Homes Ltd [2008] EWHC 933(TCC) Her Honour Judge Kirkham held that the defendant was not entitled to set off any entitlement to recover liquidated and ascertained damages against the adjudicator’s award. She also held that the defendant had not established that it was entitled to a stay of execution on the ground of the claimant’s financial circumstances.