Avanton Capital CC Limited v LUC Construction Limited

Facts

Avanton Capital CC Limited, a single purpose vehicle set up to develop Culvert Court, engaged LUC Construction Limited under a design and build contract entered into on or about 15 November 2023 to build three industrial units. Practical completion was certified on 10 April 2025 and disputes followed over the final account. On 22 May 2026 LUC began seven adjudications before seven adjudicators. Avanton responded on 13 June 2026 with its own adjudication, alleging that LUC had served no valid payment or pay less notice in respect of a notified sum of £1,877,640.25. LUC obtained three adjudicators' awards finding Avanton's contracharges overstated by an aggregate of £710,264. On 9 July 2026 the adjudicator in Avanton's adjudication ordered LUC to pay the notified sum with interest, plus £11,460 plus VAT in fees and expenses, and the remaining adjudicators then resigned. Avanton sought summary judgment to enforce that decision. LUC abandoned its natural justice objections once skeletons were served, so summary judgment was effectively unopposed, subject to a set-off of £184,140 conceded by Avanton. LUC pursued a stay of execution under CPR 83.7(4), relying on Avanton's probable inability to repay, the deterioration in its finances, and its own claimed inability to pay and continue its arbitration. Mr Justice Constable heard the application on 7 October 2026.