R J Knapman Ltd v Richards and Others [electronic resource]
R J Knapman Ltd v Richards and Others [electronic resource]
- 2006
[2006] EWHC 2518 (TCC), 12 October 2006. Considered whether an employer may resist enforcement of an adjudicator's decision by applying a later set off in respect of liquidated and ascertained damages. Claimant contractors (K) applied to enforce an adjudicator's decision in their favour. The application was opposed by the defendants (R) on the grounds that K was seeking to enforce part of the decision and to repudiate the rest, and that R had a legitimate set-off arising out of the adjudicator's decision which extinguished the claim. "Held": K was entitled to obtain enforcement of the adjudicator's decision for payment of the full amount due without set off in respect of liquidated damages calculated by R.
R J KNAPMAN LTD V RICHARDS AND OTHERS
England and Wales--1543-
[2006] EWHC 2518 (TCC), 12 October 2006. Considered whether an employer may resist enforcement of an adjudicator's decision by applying a later set off in respect of liquidated and ascertained damages. Claimant contractors (K) applied to enforce an adjudicator's decision in their favour. The application was opposed by the defendants (R) on the grounds that K was seeking to enforce part of the decision and to repudiate the rest, and that R had a legitimate set-off arising out of the adjudicator's decision which extinguished the claim. "Held": K was entitled to obtain enforcement of the adjudicator's decision for payment of the full amount due without set off in respect of liquidated damages calculated by R.
R J KNAPMAN LTD V RICHARDS AND OTHERS
England and Wales--1543-