BEXHEAT LTD v ESSEX SERVICES GROUP LTD

[2022] EWHC 936 (TCC), Technology and Construction Court, O’Farrell J, 19 April 2022

“True value” adjudication – Whether dispute same or substantially the same as first adjudication –Set-off – Severance – Stay of execution

Disputes arose between the parties as to the claimant’s entitlement to payment which resulted in two adjudications between the parties. The first adjudication concerned the claimant’s payment application 22 and resulted in a decision that the claimant was entitled to payment of £141,646.35 plus VAT and interest. The second adjudication arose out of interim application 23 where the adjudicator held that the defendant had failed to issue a valid pay less notice with the consequence that the claimant was entitled to recover the notified sum of £706,028.70. The defendant did not comply with the latter adjudication (although it did comply with the first adjudication) and the present action was brought by the claimant in which it sought summary judgment in respect of the notified sum.