This was an application for summary judgment to enforce an adjudicator’s decision, coupled with a series of other applications arising from procedural disputes between the claimant (MDC) and the defendant (NGG).

By a NEC Engineering and Construction Contract (second edition) Option A; also, the Priced Contract with Activity Schedule, with certain secondary options and an Appendix 1 dated 21 August 2001 the claimant agreed with the defendants to carry out the construction of a gas pipeline running from Samlesbury to Helmshore in Lancashire.

Following an adjudication the defendants refused to pay the decision, sought a stay of execution of the summary judgment application RSC Order 47, Rule 1(1) and that their counterclaim/preliminary issues should be dealt with during current proceedings. The claimants were found to be entitled to summary judgment on the adjudicator’s decision, and the stay of execution application was refused. The defendant’s counterclaim was stayed pursuant to s9 of the Arbitration Act 1996.