Nick Kaplan obtains stay of execution on behalf of Hexagon Housing Association, in part of a long running dispute with Providence Building Services
Nick Kaplan acted on behalf of Hexagon Housing Association, which was successful in obtaining a stay of execution of a Judgment enforcing an Adjudicator’s decision, in part of a long running dispute with Providence Building Services.
Providence had applied to enforce a recent Adjudication Decision in its favour. Hexagon did not resist enforcement, but applied for a stay of execution pending the forthcoming decision of the Supreme Court in the wider dispute between the parties which will determine the validity or otherwise of Providence’s attempt to terminate the contract.
Nick, who was instructed by Devonshires Solicitors and who is acting as junior to Jonathan Lewis KC in the Supreme Court proceedings, successfully argued that execution should be stayed given that: (i) Hexagon had at least an arguable case that Providence had not lawfully terminated the contract; (ii) if the Supreme Court decided that issue in Hexagon’s favour the Adjudicator’s decision would be a nullity; and (iii) in those circumstances it was unlikely that Providence would be able to repay the sums that the Adjudicator had awarded.
