THE IMPORTANCE OF COMPLYING WITH SECTION 111

VHE Construction plc v RBSTB Trust Co Ltd (unreported, 13 January 2000)

In VHE Construction plc v RBSTB Trust Co Ltd (unreported, 13 January 2000, Technology and Construction Court) Judge Hicks held that s111 of the 1996 Act constitutes a “comprehensive code governing the right to set off against payments contractually due”. This being the case, the fact that the defendants had failed to comply with the terms of s111 meant that they could not rely on a set-off to defend the claimant’s claim for summary judgment to enforce the decision of the adjudicator.