“When Insolvency Trumps Rough Justice: Injunctions and Stays of Execution of Adjudication Proceedings” (David Sears QC, Crispin Winser and Joshua Brown), The Society of Construction Law
David Sears QC, Crispin Winser and Joshua Brown consider the interaction between the payment and adjudication legislation, and body of law relating to insolvency, in a paper presented to The Society of Construction Law.
The paper looks at insolvency as a reason to refuse to grant summary judgment and the issues arising from winding-up petitions and stays of execution. The three first instance decisions are examined, that highlighted these issues in 2018, namely Gosvenor v Aygun, Lonsdale v Bresco and Primus v Cannon, and their respective Court of Appeal judgments. Members reflect on the issues left unresolved by these cases, pending the appeal to the Supreme Court in Bresco which is due to be heard in 2020.
To purchase the paper, please click here to be directed to The Society of Construction Law.