
SOUTHERN ELECTRIC CONTRACTING LTD V MEAD REALISATIONS LTD
Technology and Construction Court
Akenhead J
4 November 2009
The claimant obtained an adjudicator’s decision for the defendant to pay it a specified sum plus interest. The defendant endeavoured to negotiate payment terms for the sum awarded to be paid instalments notwithstanding that the date for payment envisaged by the decision had expired. The claimant issued court enforcement proceedings which contained the standard notes indicating that additional costs and interest might be added to the amount claimed if judgment was entered and to which were attached particulars of claim and a supporting witness statement. A representative of the defendant wrote to the court on the defendant’s behalf in which he stated that the defendant had received the claim form and accompanying documentation, admitted the defendant’s liability and offered on behalf of the defendant to pay three sums at different times, including a final "balance" payment. The claimant’s solicitors responded to this letter to the court by stating that the claimant was willing to accept the defendant’s offer.