Case details

Bresco Electrical Services Ltd (in liquidation) (Appellant) v Michael J Lonsdale (Electrical) Ltd (Respondent)

Case ID: UKSC 2019/0036

Case summary

Issue(s)

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. Whether an adjudicator has jurisdiction to decide such a dispute.

Facts

Bresco agreed to perform electrical works for Lonsdale in 2014. Bresco is now insolvent and Lonsdale claims it is owed over £300,000 compensation by Bresco. Bresco says it is owed money for work done. Bresco’s liquidator referred the dispute to adjudication but Lonsdale say adjudication is not available in these circumstances.

Judgment appealed

[2019] EWCA Civ 27

Parties

Appellant(s)

Bresco Electrical Services Ltd (in liquidation)

Respondent(s)

Michael J Lonsdale (Electrical) Ltd

Appeal

Justices

Lord Reed, Lord Briggs, Lord Kitchin, Lord Hamblen, Lord Leggatt

Hearing start date

22 April 2020

Hearing finish date

23 April 2020

Watch hearing
22 Apr 2020 Morning session Afternoon session
23 Apr 2020 Morning session Afternoon session

Judgment details

Judgment date

17 Jun 2020

Neutral citation

[2020] UKSC 25

 
 
Watch Judgment summary
17 Jun 2020 Judgment summary