Parent and group company guarantees, dormant companies and adjudication enforcement – Practical Law: Construction Blog
‘Can a dormant company enforce an adjudicator’s decision in its favour?.’
Practical Law: Construction Blog , 1st March 2023
Category: stay of execution
The pitfalls of relying on s21 during the pandemic – St Ives Chambers
‘Master Dagnall gave judgment in the case of Corp of Trinity House of Deptford Strond v (1) Dequincy Prescott (2) Clodagh Byrne on 11 February 2021 [2021] EWHC 283 (QB) which considered several issues regarding the pandemic and possession proceedings which are worthy of note as the stay on evictions has again been extended.’
St Ives Chambers, February 2021
Source: www.stiveschambers.co.uk
Gosvenor London Ltd v Aygun Aluminium UK Ltd [2018] EWCA Civ 2695 – Hardwicke Chambers
‘Gosvenor was contracted to perform cladding works for Aygun. The project fell into delay and disputes arose. A subsequent adjudication determined that Aygun owed Gosvenor the sum of £553,958. Gosvenor later applied for summary judgment to enforce the adjudication and Aygun resisted on the basis of fraud. According to Aygun, a substantial proportion of the adjudication award was based on fraudulent invoices which did not reflect the actual value of the work done.’
Hardwicke Chambers, 7th December 2018
Source: hardwicke.co.uk
“All you need is fraud?”: stays of execution and adjudication enforcement – Practical Law: Construction Blog
‘Earlier this year, Fraser J gave a significant judgment in which he: confirmed the circumstances in which fraud could be a successful ground to resist the enforcement of an adjudicator’s decision; developed a new circumstance, or principle, in which a stay of execution of an adjudicator’s decision may be granted. This post focuses on, and analyses in further detail, Fraser J’s so-called “principle (g)”.’
Practical Law: Construction Blog, 28th November 2018
Cash flow tensions in adjudication enforcement – Practical Law: Construction Blog
‘Much has been written about Fraser J’s judgment in Gosvenor London Ltd v Aygun Aluminium UK Ltd, with both Tim Sampson and Abdul Jinadu discussing various issues on this blog. What I thought was interesting about the judgment was how it illustrates the tension between adjudication and the principle embodied within it of keeping cash flowing, and how a successful challenge on enforcement may stop it. Ironically, this is often at a time when a party most needs cash to keep flowing.’
Practical Law: Construction Blog, 24th April 2018
New limb (g) added to Wimbledon v Vago principles and fraud allegations merit stay – Practical Law: Construction Blog
‘Last week, Fraser J handed down his judgment in Gosvenor London Ltd v Aygun UK Ltd, a case in which the defendant (Aygun) was seeking to resist payment of an adjudicator’s award of around £650,000 on the grounds that a substantial part of the award was allegedly derived from fraudulent invoicing of Aygun. In the alternative, Aygun sought a stay on the basis of fraud, alleged witness intimidation and, most importantly, the entirely unsatisfactory nature of the claimant’s (Gosvenor) statutory accounts for 2016/2017 and the unbelievable explanations given on its behalf as to the contents. This combination of factors led the court to conclude it was unlikely that Gosvenor would repay the adjudicator’s award, were it required to do so following a challenge to the adjudicator’s decision in subsequent TCC proceedings.’
Practical Law: Construction Blog, 4th April 2018
Charlie Gard: Strasbourg Court imposes another stay on Supreme Court ruling to consider parents’ arguments – UK Human Rights Blog
‘Following the Strasbourg Court’s request for interim measures for the UK – which means the hospital may not take Charlie Gard off life support as the Supreme Court has allowed it to do – the Supreme Court arranged a short hearing to take place Monday 19 June, to give directions. The Strasbourg Court has now put in place a further request that treatment and nursing care be continued beyond its original deadline of 19 June (see the press release from Strasbourg here: Gard and Others v. the UK) . This is because that Court has to consider the parents’ application that the case does not just concern Charlie’s right to die with dignity but their rights under Article 8 as his parents to be afforded respect for their decisions as to what is in Charlie’s interests.’
UK Human Rights Blog, 20th June 2017
Source: ukhumanrightsblog.com
Stay of execution and change of circumstances – Nearly Legal
‘Hall (Trustee in Bankruptcy of the Estate of Elias Elia) v Elia & Elia. High Court Ch D 10/03/2016.
The Elias, mother and son, applied for a stay of execution of a possession order. The property was owned by the son who was bankrupt. The possession order had been obtained by the trustee in bankruptcy.’
Nearly Legal, 12th June 2016
Source: www.nearlylegal.co.uk
Regina (NB (Algeria)) v Secretary of State for the Home Department – WLR Daily
“The Court of Appeal had jurisdiction to grant an claimant, whose claim for judicial review of a removal order had been rejected by Upper Tribunal, a stay of his removal until his application for permission to appeal had been considered by the Court of Appeal.”
WLR Daily, 27th July 2012
Source: www.iclr.co.uk
Dale Farm Travellers seek last-gasp reprieve from eviction – The Guardian
“Dale Farm residents are seeking a last-gasp reprieve from eviction by asking for leave to appeal against a decision last week to allow Basildon council to remove 86 families from the Essex Traveller site.”
The Guardian, 17th October 2011
Source: www.guardian.co.uk
Police bail debate raises legal eyebrows – The Guardian
“The supreme court seemed to be exercising powers it does not have when it offered to consider suspending the bail ruling”
The Guardian, 6th July 2011
Source: www.guardian.co.uk
Admiral Taverns (Cygnet) Ltd v Daniel and Another – Times Law Reports
Admiral Taverns (Cygnet) Ltd v Daniel and Another
Court of Appeal
“Any court had jurisdiction to stay the execution of a warrant of possession issued under section 89 of the Housing Act 1980.”
The Times, 12th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily
Admiral Taverns (Cygnet) Ltd v Daniel and another; [2008] WLR (D) 366
“An appellate court had jurisdiction to stay the execution of a warrant of possession pursuant to s 89 of the Housing Act 1980.”
WLR Daily, 26th November 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily
Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB); [2008] WLR (D) 247
“The restriction imposed by s 89(1) of the Housing Act 1980 on postponing enforcement of a possession order only applied to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order.”
WLR Daily, 22nd July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
