Thank you for visiting BAILII today. We hope you found what you were looking for.
BAILII was founded in 2000 to provide free online access to British and Irish legal materials, and millions of people use it every year — legal educators and students, practising lawyers, the advice sector, and many more. But it is not free to operate.
BAILII is funded through donations, and we are very grateful to our existing donors. However, we need your help to meet all of our costs and ensure that our extensive collection of legal information remains freely accessible to all (without cookies or trackers). If you found BAILII useful today, would you consider making a contribution? No donation is too small. If every visitor this month gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM QUEEN'S BENCH DIVISION
TECHNOLOGY & CONSTRUCTION COURT
(HIS HONOUR JUDGE COULSON)
Strand London, WC2 |
||
B e f o r e :
____________________
HARLOW & MILNER LIMITED | CLAIMANT/RESPONDENT | |
- v - | ||
LINDA TEASDALE | DEFENDANT/APPELLANT |
____________________
Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
____________________
Crown Copyright ©
"The Defendant is not entitled to ignore the judgment of the court and to delay her payment to the Claimant in the hope that 'something may turn up'. Her solicitor's suggestion that the Charging Order should in some way be suspended, until the result of the arbitration is known, would wholly undermine the adjudication process. If it were right, it would mean that any party who was on the receiving end of an adjudicator's decision could, if they wanted to avoid the result, commence arbitration proceedings against the successful party, and then argue that the adjudicator's decision should abide the eventual outcome of that arbitration. It was precisely to avoid such delaying tactics that the statutory adjudication process was created in the first place."
Order: Application refused.