No partial lift of stay of execution in adjudication enforcement (Gosvenor v Aygun)

No partial lift of stay of execution in adjudication enforcement (Gosvenor v Aygun)

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 [2019] EWHC 3619 (TCC)

What are the practical implications of this case?

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.

What was the background?

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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About the author:

Zahra started working as a paralegal at Lexis Nexis in Banking and Insolvency teams in April 2019. Zahra graduated with a 2.1 honours in a BA French and Spanish, completed the GDL at BPP University and is seeking some experience before commencing the LPC. She has undertaken voluntary work for law firms in London, Argentina and Colombia.