Insolvent Company Enforcing an Adjudicator’s Decision – Applying the Principles

The recent case of John Doyle Construction Limited v Erith Contractors Limited is the first reported judgment that applies the decision in Bresco. In this case Fraser J in the Technology and Construction Court set out the principles that the […]

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Appointing an Adjudicator Before Serving a Notice of Adjudication – a Fatal Mistake

In the recent case of Lane End Developments Construction Limited v Kingstone Civil Engineering Limited the court considered a claim for a declaration that an adjudicator’s decision should be set aside and/or not enforced as well as a cross claim […]

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Adjudication Enforcement and Stays of Execution

In the case of WRW Construction Limited v Datblygau Davies Developments Limited, the Technology and Construction Court (QBD) (the “TCC”) considered the issue of enforcement of an adjudicator’s decision on a final account valuation and the appropriateness of a stay […]

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Clarity on S&T v Grove Development – True Value Adjudications

In the case of Kew Holdings Limited v Donald Insall Associates Limited, the Technology and Construction Court (the “TCC”) considered the relevance of true value adjudications in circumstances where the outstanding adjudication award has already been enforced by summary judgment. […]

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“No Crystallised Dispute” Jurisdictional Challenges

In the case of MW High Tech Projects UK Limited v Balfour Beatty Kilpatrick Limited, the Technology and Construction Court (the “TCC”) considered the operation of a “no crystallised dispute” challenge to the Adjudicator’s jurisdiction in the context of an […]

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Insolvency and Adjudication: Clarity from the UK Supreme Court

In the case of Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd, the UK Supreme Court (the “UKSC”) considered important questions about the operation of two statutory regimes; namely, adjudication and insolvency set-off. In particular, the […]

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Challenging the Substantive Merits of an Adjudicator’s Decision on Enforcement

We recently represented the successful claimant in the case of J Tomlinson Limited v Balfour Beatty Group Limited, in which the Technology and Construction Court (the “TCC”) considered the limited exceptions where the enforcement of adjudicators’ decisions can be successfully […]

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Enforcement of an Adjudicator’s Decision and Stays of Execution

We recently represented the successful claimant in the case of J & B Hopkins Limited -v- Trant Engineering Limited, in which the Technology and Construction Court (the “TCC”) had to consider the enforcement of an adjudicator’s decision as well as […]

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True Value Adjudications and Stays of Execution

In the case of Broseley London Limited v Prime Asset Management Limited (Trustee of the Mashel Family Trust), the Technology and Construction Court (the “TCC”) considered the applicability of true value adjudications as well as applications for stays of execution. […]

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Does Payment of an Adjudicator’s Fees Amount to a Waiver of the Right to Challenge their Decision?

In the recent case of Platform Interior Solutions Limited v ISG Construction Limited, the TCC considered a number of challenges to an adjudicator’s decision and also whether payment of the adjudicator’s fees constituted a waiver of the right to challenge […]

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