Outwing Construction Ltd v H Randell and Son Ltd: TCC 15 Mar 1999

Abridgement of time in Court proceedings to enforce decision of Adjudicator.
An adjudicator was appointed to decide a dispute pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996. Before doing so he decided that the scheme in Part I of the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations, 1998 applied. On 12 February 1999 he made a decision that the defendant should pay the plaintiff approximately pounds 16,000 and that the decision should be complied with peremptorily. Although requested to do so the defendant did not pay so on 8 March the plaintiff issued and served a writ for the amount due plus fixed costs and on 10 March issued and served a summons to abridge the time for acknowledging service of the writ and for taking other steps, including in relation to any application for summary judgment. The summons was returnable at 2 pm on 12 March. At 11 am on 12 March the defendant paid the amount claimed and the fixed costs stated on the writ. The plaintiff sought an assessment of costs that it had incurred. Held, any automatic stay of the action applicable under RSC Order 6, rule 2(1)(b) should be lifted, that the plaintiff was justified in issuing the summons to abridge time and was entitled to the costs in connection with it but not to any costs relating to the writ. The costs were assessed summarily.
[1999] EWHC Technology 248
England and Wales

Updated: 16 October 2021; Ref: scu.201774