FK Construction Ltd v ISG Retail Ltd

Mek Mesfin (instructed by Addleshaw Goddard LLP) for the Claimant Simon Hale (instructed by Mantle Law (UK) LLP) for the Defendant Hearing date: 19 April 2023 ____________________

This judgment was handed down remotely by email at 10.00 am on Friday 5 May 2023 by circulation to the parties or their representatives and released to the National Archives.

Note 1 See the Local Democracy, Economic Development and Construction Act 2009. [Back]

Note 4 Although couched in terms of a �set off�, ISG�s proposal is not really for a set off (in the sense of a balancing between a sum owed by one party against a sum owed by another), but rather for a withholding of part of the amount that it owes FK pursuant to the Wood Decision. ISG effectively invites the court to accept that the figure identified in the Wood Decision overstates the position having regard to the Molloy Decision, such that it should be reduced accordingly. [Back]

Note 5 GV of �3,736,679.72 - �2,829,941.55 = �906, 738.20 (i.e. the sum that remains owing to FK from ISG pursuant to the Molloy Decision). Deducting this figure of �906,738.20 from the figure due pursuant to the Wood Decision (of �1,691,679.94) leaves �784,941.70. I note that during the hearing a figure of �888,000 odd was identified by Mr Hale, but as things stand I cannot see how this had been arrived at. In any event, in light of my decision, the exact figure is of no real importance. [Back]