C.N.O. PLANT HIRE LTD V CALDWELL CONSTRUCTION LTD

[2024] EWHC 2188 (TCC), Technology and Construction Court, Her Honour Judge Kelly sitting as a Judge of the High Court, 21 August 2024

Adjudication – Availability of set-off in relation to a second adjudication between the parties

The claimant brought an action in which it sought summary judgment in order to enforce the decision of an adjudicator. The defendant had not issued a payment notice or a pay less notice in response to the claimant's interim application for payment and the adjudicator decided that the defendant should pay to the claimant the amount that was claimed, namely £253,425.46.