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Spencer West Secures Notable Success in Commercial Litigation and Insolvency Case

Alternative law firm Spencer West has achieved a significant milestone this week with a reported case that highlights its expertise in commercial litigation and insolvency matters.

Litigation Partners Nina Toor and Jackie Ray represented construction debt recovery specialist Pythagoras Capital in the case Malin Industrial Concrete Floors Limited (In Administration) & VolkerFitzpatrick Ltd. The proceedings stemmed from a dispute over a sub-contract for building works, which was ultimately referred to Adjudication.

This case reinforces Spencer West’s reputation as a leader in navigating complex litigation and insolvency issues.

An Adjudicator ruled in favour of the Claimant, awarding the disputed funds and ordered the recovery of Adjudicator’s fees and interest. However, the Defendant contested the decision, prompting proceedings necessary to enforce the award.  The Court ultimately ruled in favour of the Claimant, granting summary judgment to enforce the Adjudicator’s decision whilst granting a stay of enforcement pending evidence from the Defendant of its cross-claim.

This successful outcome further underscores Spencer West’s proficiency in navigating complex litigation, particularly in the construction and insolvency sectors. The firm’s expertise was instrumental in securing a favorable judgment despite the Defendant’s challenge. With this ruling, Spencer West has reinforced its position as a leading firm in handling high-stakes commercial disputes.

Nina Toor said the outcome of the matter reinforces that the decisions of the Adjudicator can be enforced irrespective of the solvency of the Claimant and this will set an important precedent moving forward.

“We are pleased to have delivered a successful outcome for our client, one that not only resolves this dispute but also sets a meaningful precedent for future adjudication enforcement cases.”

Senior Partner Simeon Spencer applauded the team’s efforts, which reflect its capabilities and value to the firm.

“This matter is a testament to the expertise and dedication of our vastly experience litigators. Jackie and Nina exemplify the exceptional service and commercial acumen we strive to provide for our clients.”

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