FK CONSTRUCTION LTD v ISG RETAIL LTD

[2023] EWHC 1042 (TCC), Technology and Construction Court, Joanna Smith J, 5 May 2023

Adjudication – Summary judgment – Enforcement – Availability of set-off as a defence

The claimant sought to enforce the decision of an adjudicator by way of summary judgment. The adjudicator had decided that the defendant must pay to the claimant the sum of £1,691,679.94 plus interest, having decided that the claimant had issued a valid application for payment and the defendant had failed to issue a timely pay less notice in respect of that application.