PBS ENERGO AS v BESTER GENERACION UK LTD

[2020] BLR 355

COURT OF APPEAL((CIVIL DIVISION))

Before Lord Justice Coulson,Lady Justice Rose,Sir Lloyd

Adjudication enforcement – Allegations of fraud emerging after the adjudication – Whether the pleading out of allegations of fraud in a Defence is a condition precedent to raising such allegations – Whether in the absence of a Defence pleading fraud the correct course is to enforce with the option of staying execution.