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Freezing injunction granted pending outcome of adjudication enforcement proceedings

Building Law Monthly

Freezing injunction granted pending outcome of adjudication enforcement proceedings

In Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2022] EWHC 1203 (TCC), O’Farrell J held that the claimant was entitled to the continuation of a freezing injunction against the defendant pending the outcome of an adjudication enforcement hearing brought by the claimant or until further order. The claimant was held to have demonstrated that it had a good arguable case that it was entitled to judgment in respect of the sum claimed and that there was a real risk that, unless the injunction was granted, the defendant would deal with its assets other than in the ordinary course of business so that the availability of these assets would be reduced or impaired and judgment left unsatisfied. The case is one of some significance in so far as it demonstrates the important role that a freezing injunction may play in enabling a party which has an adjudication decision in its favour to ensure that there are assets available to it from which it can obtain recovery of the sum the defendant has been ordered to pay.

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