Adjudication and Insolvency

In the case of Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (in liquidation), the Technology and Construction Court (“TCC”) provided an unequivocal statement that a company in liquidation could not refer a dispute to adjudication. However, in […]

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‘Blowing Hot and Cold’: Adjudicators’ Jurisdiction and the Principle of Approbation and Reprobation

If the wrong route to the appointment of an adjudicator has been taken, the adjudicator will not have jurisdiction. However, a party cannot approbate and reprobate, or ‘blow hot and cold’, in relation to the validity of an adjudicator’s decision. […]

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Adjudication, Fraud and Stays of Execution

The Court of Appeal has endorsed a first instance decision by the Technology and Construction Court (“TCC”) granting a stay of execution on new grounds. In the context of adjudication enforcement, the leading guidance is set out in the case […]

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“Smash and Grab” Adjudications – S&T v Grove: The Appeal

In February this year, Coulson J, as he then was, handed down judgment from the Technology and Construction Court (“TCC”) in the case of Grove Developments Limited (“Grove”) v S&T (UK) Limited (“S&T”). His decision threw significant doubt on the […]

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Challenges to Enforcement: No Breach of Natural Justice

This is the latest dispute between Vinci Construction UK Ltd (“Vinci”) and Beumer Group UK Ltd (“Beumer”) to arise out of a Sub-Contract concerning development works at Gatwick Airport. In this case, Beumer sought to resist enforcement of an adjudicator’s […]

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Adjudication: What if a Company is in Liquidation?

Companies in liquidation have typically encountered difficulties in seeking to enforce an adjudicator’s decision in their favour. In the recent case of Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in Liquidation) the court addressed whether a company […]

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Adjudication, Enforcement, Payment and Winding-Up Petitions

Adjudication, Enforcement, Payment and Winding-Up Petitions This update considers the case of Victory House General Partner Limited, Re a Company [2018] EWHC 1143 (Ch), in which an application to restrain a winding-up petition was made following an un-paid, and enforced, […]

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The Problems with Entering into an Oral Contract

When the Housing Grants, Construction and Regeneration Act 1996 was amended in October 2011, one of the key changes was that disputes arising under oral contracts could be referred to adjudication. Whilst the vast majority of businesses would probably dismiss […]

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“Smash and Grab” Adjudications: The End is Nigh

ISG Construction Ltd v Seevic College (2015) and a line of authorities that followed gave rise to what has become known as the “smash and grab” claim; whereby the full amount applied for in a payment application becomes due based […]

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Adjudication where some of the Contract is for “Excluded Operations”

Contracts which involve some activities falling within the provisions of the Housing Grants, Construction and Regeneration Act 1996, as amended (the “Act”) and some activities which are excluded by the Act have posed difficult questions in relation to the jurisdiction […]

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