Valuation of post-termination account and orders for payment

In WRW Construction Ltd v Datblygau Davies Developments Ltd [2020] EWHC 1965 (TCC), Recorder Andrew Singer QC held that the defendant had no reasonably arguable defence to the claimant’s claim for payment following the adjudicator’s decision as to the value of the post-termination account. This was so notwithstanding the fact that the adjudicator lacked jurisdiction to award payment to the claimant who was the responding party to the adjudication. The claimant’s entitlement to recover payment was held to flow from the adjudicator’s decision in relation to the valuation of the post-termination account which was binding upon the parties and which, by virtue of its conclusion that a negative sum was payable to the defendant, showed that a sum of money was payable to the claimant which the Recorder was entitled to order must be paid by the defendant and summary judgment was granted accordingly.