Competing adjudications and stay of execution

In RHP Merchants and Construction Ltd v Treforest Property Co Ltd HT-2021-000261, Mr Roger Stewart QC, sitting as a judge of the High Court, exercised his power under r3.1(2)(f) of the Civil Procedure Rules in order to grant to the claimant a stay of execution on the defendant’s application to strike out its claim for payment. He did so subject to the condition that the claimant pay to the defendant the sum it had previously offered to pay to the defendant (which offer the defendant had rejected) within 28 days. While both parties had obtained adjudication decisions in their favour, the claimant had also failed to comply with a court order that it pay the sum it had been ordered to pay in the first adjudication. This failure did not, however, prevent the claimant from bringing its claim. This was principally because of a finding made by the judge that it had not acted in bad faith. In reaching the conclusion which he did, the judge sought to strike a fair balance between ensuring that the parties had access to justice at the same time as giving effect to the pay now and argue later philosophy which underpins construction adjudication.