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Practice – Summary judgment. The Technology and Construction Court dismissed the claimant's revised claim for summary judgment in respect of an award made in adjudication concerning payment under a construction contract. The claimant could not relate the present revised claim for summary judgment back to an interim payment claim notified in December 2014 to take advantage of the absence of a payment notice and a payless notice from the defendant in January 2015, in order to seek summary judgment on its revised claim. Further, it was not unjust for the fresh proceedings to go to trial and they were not an abuse of process.
Practice – Summary judgment. The Technology and Construction Court dismissed the claimant's revised claim for summary judgment in respect of an award made in adjudication concerning payment under a construction contract. The claimant could not relate the present revised claim for summary judgment back to an interim payment claim notified in December 2014 to take advantage of the absence of a payment notice and a payless notice from the defendant in January 2015, in order to seek summary judgment on its revised claim. Further, it was not unjust for the fresh proceedings to go to trial and they were not an abuse of process.
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