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G Middleton Ltd v Berry Creek Overseas Development Ltd (No 1)

G Middleton Ltd v Berry Creek Overseas Development Ltd (No 1) 9 February 2007 HH Judge Coulson QC Technology and Construction Court [2007] EWHC 318 [2007] ArbLR 26 Arbitration Award--Enforcement--Stay of enforcement--Parallel proceedings-- Alleged overpayments in relation to separate transactions--Whether to stay enforcement (no)--Arbitration Act 1996, s 66 No stay of enforcement where amounts owing to party seeking stay arise out of separate transactions Berry Creek and Middleton entered into a contract incorporating the JCT (1998 edition) standard form contract. Middleton was to complete building works at a house in Highgate, London. Disputes between the parties were referred to arbitration. The arbitrator rendered a number of awards, including two in favour of Middleton for £318,487.48 and interest, costs, and the arbitrator's fees in the sum of £130,180.99. Middleton applied to enforce the awards. Berry Creek applied for permission to appeal on a question of law and for a stay of enforcement or execution in relation to the sum of £216,015.94 pending resolution of Berry Creek's claim for an alleged overpayment relative to a separate evaluation on a different building project. The application for permission to appeal was not pursued. Held: Berry Creek's applications for permission to appeal and a stay of execution were dismissed. Middleton's application to enforce the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

G Middleton Ltd v Berry Creek Overseas Development Ltd (No 1)

Arbitration Law Reports and Review , Volume 2007 (1) – Jan 1, 2007

G Middleton Ltd v Berry Creek Overseas Development Ltd (No 1)

Arbitration Law Reports and Review , Volume 2007 (1) – Jan 1, 2007

Abstract

9 February 2007 HH Judge Coulson QC Technology and Construction Court [2007] EWHC 318 [2007] ArbLR 26 Arbitration Award--Enforcement--Stay of enforcement--Parallel proceedings-- Alleged overpayments in relation to separate transactions--Whether to stay enforcement (no)--Arbitration Act 1996, s 66 No stay of enforcement where amounts owing to party seeking stay arise out of separate transactions Berry Creek and Middleton entered into a contract incorporating the JCT (1998 edition) standard form contract. Middleton was to complete building works at a house in Highgate, London. Disputes between the parties were referred to arbitration. The arbitrator rendered a number of awards, including two in favour of Middleton for £318,487.48 and interest, costs, and the arbitrator's fees in the sum of £130,180.99. Middleton applied to enforce the awards. Berry Creek applied for permission to appeal on a question of law and for a stay of enforcement or execution in relation to the sum of £216,015.94 pending resolution of Berry Creek's claim for an alleged overpayment relative to a separate evaluation on a different building project. The application for permission to appeal was not pursued. Held: Berry Creek's applications for permission to appeal and a stay of execution were dismissed. Middleton's application to enforce the

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2012
Subject
Judgements
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2007.1.327
Publisher site
See Article on Publisher Site

Abstract

9 February 2007 HH Judge Coulson QC Technology and Construction Court [2007] EWHC 318 [2007] ArbLR 26 Arbitration Award--Enforcement--Stay of enforcement--Parallel proceedings-- Alleged overpayments in relation to separate transactions--Whether to stay enforcement (no)--Arbitration Act 1996, s 66 No stay of enforcement where amounts owing to party seeking stay arise out of separate transactions Berry Creek and Middleton entered into a contract incorporating the JCT (1998 edition) standard form contract. Middleton was to complete building works at a house in Highgate, London. Disputes between the parties were referred to arbitration. The arbitrator rendered a number of awards, including two in favour of Middleton for £318,487.48 and interest, costs, and the arbitrator's fees in the sum of £130,180.99. Middleton applied to enforce the awards. Berry Creek applied for permission to appeal on a question of law and for a stay of enforcement or execution in relation to the sum of £216,015.94 pending resolution of Berry Creek's claim for an alleged overpayment relative to a separate evaluation on a different building project. The application for permission to appeal was not pursued. Held: Berry Creek's applications for permission to appeal and a stay of execution were dismissed. Middleton's application to enforce the

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2007

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