The Claimants applied for summary judgment in order to enforce two adjudication decisions. The dispute arose from some minor building works, as to who was liable for the cost of additional propping. The employer refused to pay for the works, and the contractor left site until the employer agreed to the costs. The employer determined the employment of the contractor as a result.

The two adjudication decisions awarded the Claimant a total of £43,984.66. There were issues as to whether the appropriate respondent was Mr Billinghurst personally or Advanced Building Technology Limited (his building company).

The Claimant offered to settle the dispute for £6,000. The Defendant made a counter offer, enclosing a cheque for £5,000 from a third party (Advanced Building Technology Limited) in full and final settlement. Approximately 3 weeks after receipt of the cheque the Claimants banked the cheque. They then wrote to the Defendant withdrawing the offer of the settlement, stating that they intended to pursue the full claim.

HHJ Wilcox held that as the cheque for £5,000 was offered on the strict basis that it was in full and final settlement, and that as the Claimants had presented and cashed the cheque without complaint they had clearly accepted the offer of a compromise. The matter was therefore settled and the Claimant's application for summary judgment was misconceived.