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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Will the TCC Interfere in Ongoing Adjudications?

In the case of Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd and another [2019], the court rejected an urgent application for injunctive relief attempting to prevent an adjudicator and the other party to an adjudication […]

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Notices of Adjudication: What’s in a Name?

Earlier this month, Palmloch Limited (“Palmloch”) sought to resist enforcement of an adjudication decision based upon the fact that the claimant, MG Scaffolding (Oxford) Limited (“MGS”) had commenced the adjudication against Palmloch’s trading name; MCR Property Group (“MCRPG”). The TCC […]

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Too Late to Adjudicate Under NEC Contracts?

Can a party to a non-Construction Act contract lose its right to adjudicate if it does not commence proceedings within a contractual time limit? In the recent case of Sitol Limited (“Sitol”) v Finegold the court considered the application of […]

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When Does an Adjudicator’s Error Amount to a Breach of Natural Justice?

One of the few grounds available for resisting the enforcement of an adjudicator’s decision is a claim of breach of the rules of natural justice. In the case of JJ Rhatigan & Co (UK) Limited (“Rhatigan”) v Rosemary Lodge Developments […]

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Adjudication Enforcement – Fraud and Stays of Execution

In the most recent instalment of proceedings between Grandlane Developments Limited (“Grandlane”) and Skymist Holdings Limited (“Skymist”), following its unsuccessful challenge as to the validity of the adjudicator’s appointment, Skymist sought to resist enforcement of the adjudicator’s decision on the […]

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