High Court (TCC): Leeds City Council v Waco UK
Leeds City Council v Waco UK Ltd [2015] EWHC 1400 (TCC)
On 20 February 2015 an adjudicator made a decision in favour of the defendant Waco UK Ltd by which he ordered the claimant Leeds City Council to pay £484,759.50 plus VAT in respect of an application for an interim payment (Application 21) on the ground that LCC had failed to serve the relevant notices in response to it. LCC did not pay and so Waco made an application for summary judgment in order to enforce the decision.
Summary judgment was not given; instead LCC was given leave to defend. However, a condition of obtaining leave was that LCC should pay, by 7 April 2015, the sum awarded to Waco by the adjudicator. LCC complied with this order.
The council then brought proceedings under Part 8 for a declaration that Application 21 was not a valid application and that the adjudicator's decision was therefore wrong. This is the judgment on that application.
For the claimant (Leeds City Council): Alexander Hickey of 4 Pump Court, instructed by Pinsent Masons.
For the defendant: Luke Wygas of 4 Pump Court, instructed by Contract & Constructions Consultants Ltd.