[2007] EWHC 1691 (TCC), 17 July 2007. Considered whether an employer, who has not paid sums due to the contractor, can stop the contractor from enforcing its right to payment by relying on its subsequent determination of the contractor's employment under that contract. Respondents (J) had engaged the applicant contractor (P) to carry out construction works at their property, and the contract incorporated the JCT Standard Form of Building Contract (1998 Edition). J failed to make interim payments to P, P issued proceedings, and J made cross-claims regarding alleged defects and incomplete works. P argued that clause 27.6.5.1 of the JCT contract, which enabled an employer not to pay a sum due despite the absence of a withholding notice, was not in line with the Housing Grants, Construction and Regeneration Act 1996 s111 and that "Melville Dundas Ltd (In Receivership) v George Wimpey UK Ltd" ([2007] UKHL 18, L137943) should be restricted to its facts. "Held": "Melville" applied and the first basis for P's application failed. However, the non-payment by J amounted to a breach of the JCT contract, and the clause stopped J from relying on their cross-claim to defeat P's claim for the sums due. On this basis P was entitled to summary judgment.