Court Resolves Artificial Sports Pitch Dispute
In handing down his judgment in the case of Bernard Sports Surfaces Ltd-v- Astrosoccer4u Ltd http://www.bailii.org/ew/cases/EWHC/TCC/2017/2425.html, Mr Justice Coulson criticised the way in which national firm Keystone Law had dealt with a Claimant who had rightfully secured a judgment against their client.
The Claimants in this case were trying to recover monies that were due to them from the Defendant following adjudication in respect of payment for the installation of an artificial sports pitch. The Defendants subsequently claimed that there were defects with the pitch. These were not, however, issues that the adjudicator was permitted to consider. The case was brought by the Claimant to compel the Defendant to abide by the legal principle that the sum found by the adjudicator is always due and payable.
In his judgment Mr Justice Coulson identified that during the life of the case, the Defendant’s solicitor had used threatening correspondence which the judge referred to as being “unlawful”. When the Claimants didn’t accept an offer to settle that had been made the Defendants wrote a letter which said “You will get nothing then. Goodbye”. The Judge described this letter as “breathtakingly rude and was, plainly, part of the intention to misuse the Insolvency proceedings.” He further stated that the Defendant was “playing fast and loose with the system.” The Judge ultimately found in favour of the Claimant.
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