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The Technology and Construction Court (TCC) refused to partially lift a stay of execution on a judgment given in adjudication enforcement proceedings, in circumstances where the applicant had become insolvent.
Gosvenor London Ltd v Aygun Aluminium UK Ltd  EWHC 3619 (TCC)
It is well-settled that an adjudication decision in favour of a party in liquidation will not ordinarily be enforced by the court (per Bouygues v Dahl-Jenson and Bresco v Lonsdale). Although it was not necessary for the court to decide the point, the case poses the question of whether the principle would apply in the same way where there was an undisputed debt.
In an earlier, widely-reported judgment, the TCC had granted summary judgment to enforce an adjudication decision in Gosvenor’s favour, but had stayed enforcement of that judgment—effectively pausing the obligation on Aygun to make payment. Enforcement was stayed due to the risk of dissipation of the adjudication sum by Gosvenor to frustrate any attempt to obtain repayment in the future (see News Analysis: Fraud as a new ground for a stay of execution of an adjudication award (G
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