Summer felt like it had come early in May, but much of June and July served to remind us that we don’t live in the Mediterranean. Although summer has now most certainly arrived, the judges in the TCC are still hard at it. A recent judgment that caught my eye was O’Farrell J’s in Kew Holdings Ltd v Donald Insall Associates Ltd. In it, she ordered a stay of proceedings pending payment of an adjudicator’s decision. She also ordered the claimant to provide £600,000 security for costs, but rejected the defendant’s strike out application.
I’ve seen a few articles on the judgment, many focusing on the stay pending payment. However, given that the parties agreed to the stay, I think the more interesting issue is the strike out application and that is what I’m looking at today. Continue reading