Equitable Set-off And Adjudication Enforcement

In the case of Beck Interiors Ltd v Classic Decorative Finishing Ltd, [2012] EWHC 156 (TCC) Mr Justice Coulson, enforced an adjudicator's decision, refusing to allow set-off of sums allegedly arising under an unrelated project in a different jurisdiction.

The Facts

On or around 7 February 2011, Classic Decorative Finishing Limited ("CDF") were engaged by Beck Interiors Ltd ("Beck") under a subcontract to carry out internal and external decoration works at 1 Cambridge Gate, London.

Disputes arose between the parties during the course of the works and Beck referred its claim to adjudication. The adjudicator issued his decision on 11 May 2012 finding that Beck was entitled to the sum of £35,901.45 plus VAT from CDF.

CDF refused to pay. In its defence CDF argued that the sum was not due as Beck owed CDF the sum of EUR 59,156.23 under a final account for works undertaken by CDF for Beck at Danesmoate House in Dublin.

Beck issued enforcement proceedings. CDF did not attend the hearing and...