Defendant not entitled to stay of execution as a result of delay

In Broseley London Ltd v Prime Asset Management Ltd (Trustee of the Mashel Family Trust) [2020] EWHC 944 (TCC) Mr Roger ter Haar QC, sitting as a Deputy High Court Judge, held that the defendant was not entitled to a stay of execution in relation to the claimant’s application to enforce the decision of an adjudicator because of its delay in bringing proceedings to obtain a final determination of the issues between the parties. The court when deciding whether or not to grant a stay is exercising a discretion which entitles it to take account of all the circumstances of the case, which included the delay of which the defendant was guilty. In any event the Deputy Judge held that the defendant had not made out its case for the grant of a stay.