FTH LTD v VARIS DEVELOPMENTS LTD

[2022] EWHC 1385 (TCC), Technology and Construction Court, Mr Adrian Williamson QC sitting as a Deputy High Court Judge, 8 June 2022

Adjudication – Claimant subject to a Company Voluntary Arrangement – Whether entitled to summary judgment in order to enforce decisions of two adjudicators

The claimant brought the present proceedings in order to enforce two decisions made by adjudicators. The defendant did not contest the validity of the two decisions but sought to resist their enforcement on the ground that the claimant was subject to a Company Voluntary Arrangement (CVA). It therefore submitted that the claimant was not entitled to summary judgment or, in the alternative, that it was entitled to a stay of execution.