With over 500 lawyers we would expect to be able to provide the specialist skill and experience that you need. Browse our lawyers and teams below.
With nearly 500 lawyers we have the skills and experience you need.
Are you coming to one of our offices and need to know how to find us?
Send us your enquiry and we will get back to you as soon as possible
This is a tale of a family-run housing development scheme gone horribly wrong. An elderly uncle and aunt enter into a joint venture with their nephew on unclear contract terms to create a development of houses on part of their farmland with a plan to share profits between them. The relationship gradually sours, culminating in enforcement proceedings by the nephew’s company after a ‘smash and grab’ adjudication for just under £1m. The nephew’s company is having financial difficulties and most likely wouldn’t be able to pay the sums back (see Jastinder’s blog setting out the judge’s findings on this issue). If the uncle and aunt’s company is forced to pay the award it will become insolvent before the court can hear their claim on the value of the final account. The judge decides there was a risk of manifest injustice if the adjudication award is enforced and grants a stay so the award does not have to be paid before the main hearing takes place.
In deciding to exercise his discretion to stay execution of the enforcement of the adjudication decision, the judge took into account that:
Although this decision was highly fact dependent, this case does show that the factual background can sometimes be relevant in considering whether an adjudication will be enforced. It is also an acknowledgement by the courts that ‘smash and grab’ adjudications can create genuine unfairness to defendants. In these unusual circumstances, the court was prepared to do something about it.
JRT Developments Limited and TW Dixon (Developments) Limited HT-2020-BHM-000010
Register for My M&R to stay up-to-date with legal news and events, create brochures and bookmark pages.
Log in to your client extranet for free matter information, know-how and documents.
Mills & Reeve system for employees.
Added to your bookmarks
This will be stored in your bookmarks list for 90 days or until you remove it.
This page has been added to your brochure. To manage your brochure click on the button below.
Or click on
at the top of every page.