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ARTICLE · 10 AUGUST 2012

Set-Off And Adjudicator’s Awards

MacRoberts
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Two recent cases in the Technology and Construction Court (TCC) have considered the enforcement of an adjudicator's decision, where the 'losing' party claims set-off.

United KingdomReal Estate and Construction
David Arnott
David Arnott
Chris Duff
Chris Duff
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Two recent cases in the Technology and Construction Court (TCC) have considered the enforcement of an adjudicator's decision, where the 'losing' party claims set-off. The cases are Beck Interiors Ltd v. Classic Decorative Finishing Ltd [2012] EWHC 1956 (TCC) and Squibb Group Ltd v. Vertase FLI Ltd [2012] EWHC 1958 (TCC). Neither decision is particularly novel however they both provide a timely reminder of the Court's approach to an issue that arises regularly between parties post adjudication.

Beck

Beck Interiors Ltd ("Beck") was awarded £43,081.74 at adjudication. Classic Decorative Finishing Ltd ("CDF") resisted enforcement of the award, on the grounds that it was owed 59,156.23€ by Beck in respect of a separate contract. Mr Justice Coulson refused to uphold that line of defence and the award was enforced.

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