Case in focus: Insolvency

By Ted Lowery2018-06-14T10:15:00

Could the decision in a second adjudication be relied upon to defeat a petition to wind up an employer for failing to pay the sum awarded in an earlier adjudication?

The case

In the matter of Victory House General Partner Ltd, Re A Company [2018] EWHC 1143 (Ch)
Before Mr Justice Morgan
In the Chancery Division
Judgment delivered 18 April 2018

The facts

During 2015 Victory House engaged RGB P&C Ltd to construct a hotel in Leicester Square, central London. The works were delayed and in March 2017 the parties entered into a memorandum of understanding (MOU). In July 2017 RGB issued interim application for payment no. 30, seeking a payment of £819,363.46 including VAT in addition to the £8.5m that it had already been paid. Victory House assumed that the MOU terms applied and declined to issue either a payment notice or a payless notice. RGB commenced adjudication.

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