000 01688cad a22001935a 4500
001 L146900
008 090309e20090204xxk f v 000 0 eng d
035 _a(Sirsi) u146900
041 0 _aeng
245 0 4 _aMead General Building Ltd v Dartmoor Properties Ltd
_h[electronic resource]
260 _c2009
520 _a[2009] EWHC 200 (TCC) , 04 February 2009. The case considers whether to grant a stay of execution on adjudication enforcement proceedings when the claimant is subject to a Company Voluntary Arrangement (CVA). Dartmoor Properties Ltd (D) contracted with Mead General Building Ltd (M) to carry out a development scheme. A dispute arose between M and D and the matter was brought to adjudication. The adjudicator ordered D to pay M a certain amount, which D refused to do. M sought to enforce the adjudicator's decision. D contested on the grounds that, because M was subject to a CVA, any judgment should be granted a stay of execution. "Held": the fact that M is subject to a CVA is a relevant factor to the Court to decide whether or not to grant a stay of execution of the judgment. M's financial difficulties were due to D's non payment of the sums awarded by the adjudicator. On this basis, the court refused to order a stay of execution.
590 _aKA
650 2 4 _aMEAD GENERAL BUILDING LTD V DARTMOOR PROPERTIES LTD
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2009/200.html
_zView the case free of charge at www.bailli.org...
942 _n0
999 _c81320
_d81320