Coventry provided scaffolding to a site in South West London, where Lancsville was the main contractor. Disputes arose concerning delays and Coventry’s entitlement to payments under interim applications. Coventry referred two disputes to adjudication, both to the same adjudicator. In the first adjudication, Coventry sought a declaration on amounts they were owed pursuant to application number 5. In the second, Coventry sought an order that some or all of the amount declared in adjudication one was payable. Lancsville were ordered to pay £57,876.13 of the £121,554.05 declared as owing adjudication 1.

 

Lancsville did not pay. Coventry commenced enforcement proceedings, but Lancsville did not serve an acknowledgement of service or file any evidence in advance of the hearing. Accordingly, the adjudicator’s decisions were enforced summarily.

 

The Judge also gave the following guidance for claimants where it becomes clear that the defendant is not going to participate in enforcement proceedings:

 

1           If the defendant does not acknowledge service of enforcement proceedings, then a claimant should consider seeking a judgement in default under Part 12 of the Civil Procedure Rules. This will save both time and costs; or

2           Whether or not the defendant has acknowledged service, then the claimant can make an application to the court to bring the hearing forward. Again, this saves time and costs for the claimant, frees up court time and the claimant will get its judgement quicker.