The following Construction practice note provides comprehensive and up to date legal information covering:
Produced in association with 4 Pump Court
This Practice Note looks at preventing enforcement of an adjudication decision by obtaining a stay of execution. If a stay is ordered, then the court will still grant summary judgment to enforce the adjudicator’s decision but it will also stay the enforcement of that judgment (that is to say, effectively ‘pause’ the obligation to make payment).
This Practice Note considers the reasons why a stay might be ordered, the key principles that the court will have regard to when deciding whether to grant one, partial stays, and whether there needs to be an arguable case that the adjudication decision was wrong.
For guidance on other possible methods of resisting enforcement (eg using set off or seeking a declaration), see the Adjudication enforcement and challenges subtopic.
A stay of execution of summary judgment proceedings enforcing an adjudicator’s decision will rarely be given.
In terms of CPR 83.7, the court may stay execution of a judgment or order, absolutely or for any period, and subject to such conditions as it thinks fit, if it is satisfied that:
there are special circumstances which make it inexpedient to grant enforcement, or
the applicant is unable to pay the sum claimed
The main grounds on which a stay of enforcement of an adjudicator’s decision may be ordered are:
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