Bresco Electrical Services Ltd (in Liquidation), represented by Blaser Mills Law who were instructed on behalf of Pythagoras Capital Limited (acting as agent for the Liquidator) succeeded in their Appeal in the Supreme Court of United Kingdom and defeated the cross Appeal lodged by  Michael J Lonsdale (Electrical) Ltd represented by Fladgate LLP.

Jackie Ray, Partner at Blaser Mills Law, who acted for Bresco Electrical Services Ltd (In Liquidation), reports that the Appeal in the Supreme Court of United Kingdom was successful against Michael J Lonsdale (Electrical) Ltd.  The cross appeal lodged by Fladgate LLP on behalf of Michael J Lonsdale (Electrical) Ltd was dismissed.

Jackie Ray and Nina Bhatti, Lawyer in the Commercial Litigation Team had conduct of the matter on behalf of Bresco. Peter Arden QC, Ben Shaw and Chantelle Staynings were retained Counsel.

This appeal considered whether the court should grant an injunction to restrain a company in insolvent liquidation from referring a dispute with a cross-claiming creditor to adjudication and whether an adjudicator has jurisdiction to decide such a dispute.

Jackie Ray, Head of the Commercial Recoveries team at Blaser Mills Law, commented “this is an excellent result for our client and clarifies the statutory and contractual right to adjudication despite the insolvent state of the referring party”.

You can read the Supreme Courts Press Release HERE.

For further information on the case or on Commercial Recoveries in general, please contact Jackie Ray on +44 (0) 203 814 2020 or at jar@blasermills.co.uk

You can read the full judgement here.