Jarvis v Swans Tours

This judgment was handed down by the court remotely by circulation to the parties’ representatives by email and released to The National Archives. The date and time for hand-down is deemed to be 6 October 2023 at 10.30am

There are two actions before the Court arising out of disputes in respect of the same project.

The first of those two actions in time (“Action 444 of 2022”) was brought by J & B Hopkins Limited (“J&BH”) to enforce an adjudication decision of Mr Smith dated 6 July 2022 (“the Smith Decision”). In a judgment handed down on 15 February 2023 ([2023] EWHC 301 (TCC)) I granted summary judgment in the sum of £96,918.88.

The second of those two actions (“Action 6 of 2023”) was brought by A & V Building Solution Ltd (“A&V”) and claims various sums from J&BH as I discuss in more detail below.

There had previously been a third action started by J&BH in which J&BH challenged whether there was a valid payment application. Mr. Blizzard produced a decision dated 19 January 2022. The action started as a pre-emptive strike before Mr. Blizzard had produced his decision. That action (“Action 464 of 2021”) was first decided by Eyre J. in a judgment dated 12 April 2022, but an appeal to the Court of Appeal was substantially successful ([2023] EWCA Civ 54).