JOHN DOYLE CONSTRUCTION LTD (IN LIQUIDATION) v ERITH CONTRACTORS LTD

[2021] EWCA Civ 1452, Court of Appeal, Civil Division, Lewison, Coulson and Edis LJJ, 7 October 2021

Adjudication – Company bringing claim in liquidation – Summary judgment – Significance of cross-claims or set-off relied upon by the defendant

The claimant brought a claim to enforce the decision of an adjudicator in which the adjudicator decided that the defendant should pay to the claimant £1.2 million. The dispute arose out of the settlement of the final account in connection with a project under which the claimant carried out hard landscaping works at the 2012 London Olympics. The claimant entered into creditors voluntary liquidation in 2013. The liquidators attempted to reach a settlement with the defendant but failed. The liquidators formed the view that there was a valid claim against the defendant and so sought to sell or assign the rights under the contract to a third party. This led to the involvement of Henderson Jones, whose business was to purchase legal claims from insolvent companies.