Outwing Construction Limited v H Randell and Son Limited
Case reference:
[1999] EWHC Technology 248
Monday, 15 March 1999
Key terms: Enforcement – abridgement of acknowledgment of service
Outwing were successful in an adjudication and commenced enforcement. A summons to abridge the time for acknowledging service and for taking other steps was issued. Three hours before the hearing of the summons, Randell paid the amount claimed and the fixed costs in the writ. Outwing sought an order for its costs.
The Judge found that it was acceptable for a claimant to abridge time for service for acknowledgment to just two days after the return date of the summons and abridge time down to 7 days for the defendant to adduce evidence in opposition to the summons when applying for summary enforcement of an Adjudicator’s decision.
It might not be appropriate to abridge time in every case, but the practice is now frequently followed. Action to enforce an Adjudicator’s decision were not comparable to the ordinary process of recovering an apparently undisputed debt. Parliament’s intention was clear: dispute are to go to adjudication and the decision of the Adjudicator has to be complied with, pending final determination.