Court of Appeal success for Hay & Kilner’s construction team
The Court of Appeal has refused permission to appeal in City Building & Joinery Limited -v- Singh, against the decision of the High Court (Technology & Construction Court) in the enforcement of an adjudication decision arising from works which were identified by the adjudicator as defective building works performed by City Building & Joinery Limited.
Hay & Kilner’s construction team led by Jan Rzedzian represented the successful Respondent in the permission to appeal response. The Court of Appeal’s conclusions reiterate the well-trodden path of adjudication enforcement and touch on the question of how the residential exemption is engaged.
In a reasoned decision, Lord Justice Coulson concluded that “none of the proposed grounds of appeal are remotely arguable. They have no prospect of success. I refuse permission to appeal and certify the applications as totally without merit.”
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