In Bexhill Construction Ltd v Kingsmead Homes Ltd [2023], the TCC held that an adjudicator’s decision was enforceable and rejected arguments that the adjudicator had breached the rules of natural justice by not considering all defences raised. Background Kingsmead Homes […]

In Henry Construction Projects Ltd v Alu-Fix (UK) Ltd [2023], the TCC declined to enforce a true value adjudication decision where that adjudication had been commenced before the contractor had discharged its immediate payment obligation to its subcontractor arising from […]

In Sudlows Ltd v Global Switch Estates 1 Ltd [2023] EWCA Civ 813, the Court of Appeal has provided useful guidance as to the approach to be adopted when considering potential overlap between adjudication decisions. Background to the Case Global […]

FK Construction Ltd v ISG Retail Ltd [2023] In FK Construction Ltd v ISG Retail Ltd [2023], the Court declined to exercise its discretion to permit set-offs arising from other adjudication decisions between the same parties.  The Background to the […]

In WRB (NI) Ltd v Henry Construction Projects Ltd [2023] EWHC 278, the TCC refused to grant a main contractor a stay of execution to establish its alleged cross-claims against a dormant company. The Background to the Case Henry Construction […]

We recently represented J&B Hopkins Limited in the case of J&B Hopkins Limited (“JBH”) v A&V Building Solution Limited (“A&V”) [1] in which the Technology & Construction Court (“TCC”) was required to consider the enforcement of an adjudicator’s final account decision. […]

In LJR Interiors Ltd v Cooper Construction Ltd the TCC held that the Adjudicator was wrong to reject the responding party’s limitation defence such that his decision was void and unenforceable. The Background to the Case LJR Interiors and Cooper […]

Adjudication is a quick and efficient method of resolving construction disputes which sometimes results in rough justice being served.  But while that goes with the territory, the adjudicator must nevertheless observe the rules of procedural fairness and ‘natural’ justice, as […]

Issuing a Part 8 claim is a strategy respondent parties sometimes adopt in an effort to resist enforcement of an adjudicator’s decision. However, the criteria set out in Part 8 are narrower than is commonly imagined, and often as not, […]

It is often said that an adjudicator’s decision is of ‘temporary finality’. That is to say, it is contractually binding upon the parties unless and until their underlying dispute is finally determined by way of arbitration or litigation. But quite […]