Spencer West marks reported decision following application for enforcement of an Adjudicator’s award

Spencer West has marked a significant achievement this week, with a reported case that reinforces the firm’s reputation in commercial litigation and insolvency.

Litigation Partners Nina Toor and Jackie Ray acted on behalf of construction debt recovery specialist Pythagoras Capital in the reported case Malin Industrial Concrete Floors Limited (In Administration) & VolkerFitzpatrick Ltd. Proceedings arose from a sub-contract for building works. A dispute arose between the parties which was referred for Adjudication.

An Adjudicator ruled in favour of the Claimant, awarding the disputed funds and ordered the recovery of Adjudicator’s fees and interest. However, the Defendant contested the decision, prompting proceedings necessary to enforce the award.  The Court ultimately ruled in favour of the Claimant, granting summary judgment to enforce the Adjudicator’s decision whilst granting a stay of enforcement pending evidence from the Defendant of its cross-claim.

Nina Toor said the outcome of the matter reinforces that the decisions of the Adjudicator can be enforced irrespective of the solvency of the Claimant and this will set an important precedent moving forward.

“We are pleased to have delivered a successful outcome for our client, one that not only resolves this dispute but also sets a meaningful precedent for future adjudication enforcement cases.”

Senior Partner Simeon Spencer applauded the team’s efforts, which reflect its capabilities and value to the firm.

“This matter is a testament to the expertise and dedication of our vastly experience litigators. Jackie and Nina exemplify the exceptional service and commercial acumen we strive to provide for our clients.”