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Court orders a stay of Claimant’s legal proceedings until it makes payment related to an earlier adjudicator's decision.

19/8/2020

 
Judgment: Kew Holdings Ltd v Donald Insall Associates Ltd [2020] EWHC 1862 (TCC) dated July 2020
(Judgment link: https://www.bailii.org/ew/cases/EWHC/TCC/2020/1862.html)

​This judgment related to a court application by Insall seeking 3 potential court orders in respect of a £2 million damages claim Kew commenced against Insall in March 2020. The Judge, sitting in the Technology and Construction Court (“TCC”), was Mrs. Justice O'Farrell DBE. The Judge ordered Kew’s proceedings be stayed pending Kew’s payment of the sums it had been previously ordered to pay, by the same Judge, on 5 February 2019 (enforcing an adjudicator's decision in Insall’s favour). Kew were also ordered to provide £600,000 as security for costs. The Judge, however, dismissed Insall’s application to strike out Kew’s claim against it.

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