INDIGO PROJECTS LONDON LTD v RAZIN AND ANOTHER

[2019] EWHC 1205 (TCC), Technology and Construction Court, Sir Antony Edwards-Stuart, 17 May 2019

Enforcement – Whether summary judgment of adjudicator's decision should be granted in case where claimant has entered into a Company Voluntary Agreement subsequent to the decision of the adjudicator

The claimant made an application for summary judgment in order to enforce the decision of an adjudicator. The defendants had failed to issue a Pay Less Notice within the required time frame and the adjudicator had decided that the defendants were obliged to pay the sum stated in the Payment Notice after deducting a sum which the defendants had already paid on account. The sum which the defendants were ordered to pay amounted to £177,662.72. The defendants did not pay this sum and they sought to resist summary judgment on the ground that the claimant had entered into a Company Voluntary Agreement (CVA) and that enforcement of the decision would undermine the proper operation of the CVA.