ADJUDICATION AND THE GRANT OF A STAY OF EXECUTION

Wimbledon Construction Company 2000 Ltd v Vago [2005] EWHC 1086 (TCC)

In Wimbledon Construction Company 2000 Ltd v Vago [2005] EWHC 1086 (TCC) Judge Peter Coulson QC considered the principles applicable when a defendant seeks an order that enforcement of a decision of an adjudicator be stayed on the ground of the claimant’s uncertain financial position. On the facts, Judge Coulson refused to grant the stay because he was not satisfied that the defendant had demonstrated a probable inability on the part of the claimant to repay the judgment sum at the end of the arbitration proceedings. The interest in the case lies primarily in the helpful summary by Judge Coulson of the applicable principles.