Yesterday it was announced Bresco Electrical Services Ltd (in Liquidation), represented by Blaser Mills Law who were instructed on behalf of Pythagoras Capital Limited (acting as an 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.
Today Practical law has described it as “this year’s landmark case” in their case write up which you can view here.
In the case, the Supreme Court unanimously allowed Bresco’s ( represented by Blaser Mills Law) appeal and dismissed Lonsdale’s cross-appeal, meaning the adjudication Bresco’s liquidators started in 2018 can now go ahead.
This landmark judgement will fundamentally affect construction insolvencies by allowing insolvent companies the unfettered right to start adjudications.
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. The outcome relied upon the genuine belief that an insolvent company could pursue adjudication and this ruling provides clarity, it’s a good result for creditors of insolvent companies”
Jackie Ray and Nina Bhatti worked closely on the matter and denotes the high quality commercial and insolvency litigation carried out by Blaser Mills Law.
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.