Stay of execution of judgment granted in "exceptional" case

In J&B Hopkins Ltd v A&V Building Solution Ltd and A&V Building Solution Ltd v J&B Hopkins Ltd [2023] EWHC 2475 (TCC) Mr Roger ter Haar KC, sitting as a Deputy Judge of the High Court, granted to the defendant in the first action a stay of execution of his judgment in which he had granted summary judgment to enforce the decision of an adjudicator where the adjudicator had ordered the defendant to pay £96,918.88 to the claimant. The factor which seemed to weigh most heavily with the Deputy Judge in granting a stay was not simply the defendant's parlous financial position but the fact that the claimant had previously failed, in breach of contract with the defendant, to comply with a prior decision of an adjudicator. The fact that the claimant had itself failed to comply with the "pay now, argue later" philosophy weakened its case and its position was further weakened by the fact that it was held to have raised a number of unmeritorious jurisdictional challenges and generally failed to provide the sort of assistance to a lay adjudicator that would be expected. Weighing all these factors in the balance, the Deputy Judge concluded that this was an exceptional case where a stay of execution should be granted.