Building Law Monthly
Adjudications and company voluntary arrangements
FTH Ltd v Varis Developments Ltd  EWHC 1385 (TCC), Mr Adrian Williamson QC, sitting as a Deputy High Court Judge, held that the claimant, a company
subject to a Company Voluntary Arrangement, was not entitled to summary judgment in order to enforce decisions made in two
adjudications. It was held that the defendant had established that there was a real risk that summary enforcement would deprive
the defendant of security in respect of its cross-claim against the claimant. Had it been necessary for him to do so, the
Deputy Judge would have granted to the defendant a stay of execution. The case underlines the practical difficulty likely
to be experienced by a company which has entered into a Company Voluntary Arrangement in enforcing adjudication decisions
made in its favour.
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