Citation: [2019] EWHC 1205 (TCC)
Emma Healiss appeared for the defendants who successfully resisted enforcement of an adjudicator’s decision where the enforcing party was in a company voluntary agreement (CVA).
Following on from the Court of Appeal’s decision earlier this year in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd [2019] EWCA Civ 27, the TCC has given useful guidance on when a CVA is likely to preclude enforcement.
The key issue is whether the defendants have arguable counterclaims which have not yet been determined.
If they do, it is likely that enforcement of the adjudicator’s decision will disrupt the CVA accounting process.
