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ARTICLE · 30 JULY 2020

TCC Stays Proceedings Where Smash And Grab Decision Remained Unpaid

Charles Russell Speechlys LLP
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Kew engaged Donald Insall Associates to provide architectural services as part of a project to convert and refurbish The King's Observatory in Richmond to form a private residence.

United KingdomLitigation, Mediation & Arbitration
Michael O'Connor
Michael O'Connor

Last week's judgment in the case of Kew Holdings Ltd v Donald Insall Associates Ltd [2020] EWHC 1862 (TCC) again emphasised the Technology and Construction Court's position that it will as much as possible give effect to Adjudicators' decisions and paying parties' attempts to avoid payment will hold little truck with them.

The Facts

Kew engaged Donald Insall Associates to provide architectural services as part of a project to convert and refurbish The King's Observatory in Richmond to form a private residence.

In 2018, disputes arose between the parties concerning Donald Insall's entitlement to unpaid fees. Donald Insall commenced a smash and grab adjudication and was awarded just over £200,000.

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