Source: All England Reporter
Publisher Citation: [2001] All ER (D) 144 (Feb)
Court: Technology and Construction Court
Judge:

Judge Richard Seymour QC

Representation Simon Hargreaves (instructed by Walker Morris) for R.
  Richard Rundell (instructed by Coleman & Betts) for C.
Judgment Dates: 13 February 2001

Catchwords

Practice - Summary judgment - Entitlement to summary judgment - Claimant company in administrative receivership - Claimant seeking summary judgment to enforce interim arbitration award - Respondent claiming to have counterclaim against claimant - Whether summary judgment appropriate - Whether summary judgment to be stayed - CPR 24.2; CPR Sch 1 RSC Ord 47, r 1.

The Case

Where a dispute arose out of an interim arbitration award and there was no defence in law or fact to summary judgment being entered in favour of a claimant, summary judgment would be appropriate notwithstanding credible evidence that the claimant was insolvent. Such evidence, however, was also highly material to an application to stay execution of that judgment. On the evidence in the instant case, the claimant would be unable to pay the sums required of it if the award was incorrect, and thus execution would be stayed subject to the respondent paying the summary judgment sum into court.

Practice Areas

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