Smash and grab gets whacked

By Tris Tucker and Brenna Conroy 2020-10-09T11:43:00

A recent case involving a ‘smash and grab’ adjudication shows that the courts will prioritise fairness over procedure

The Technology and Construction Court has shown it will take a dim view of parties seeking to take advantage of the statutory payment machinery in manifestly unjust circumstances, in the recent case of JRT Developments Ltd vs TW Dixon (Developments) Ltd [HT-2020-BHM-00010].

TW Dixon (TWD) achieved a stay of enforcement of a substantial “smash and grab” adjudication award obtained by JRT on the basis of:

the claimant’s probable inability to repay the judgment sum at the end of the substantive trial under the test in Wimbledon vs Vago, and

the principle of “manifest injustice” under Galliford Try vs Estura, now widened to take into account “all the circumstances of the case”.

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