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Pioneer v Graham: stay of execution in adjudication

Anna Laney (instructed by Barton Legal Limited) appeared for the Defendant.

Anna Laney successfully resisted the enforcement of an Adjudicator’s award in an “unusual” circumstance where a sub-contractor “misled” the main contractor into thinking that they were a much more substantial and successful entity than they actually were.

Issues arose under two separate heads: the effectiveness or otherwise of the contract provisions, which were relied on by the Defendant to reduce any judgment sum; and issues arising out of the Defendant’s application for a stay of execution. The contractual points were straightforward, but the points raised on the stay were novel.

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