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 […]

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 […]

The ability of a party in a company voluntary arrangement (“CVA”) to enforce an adjudicator’s decision is a question to be determined on a case-by-case basis. The recent decision in FTH Limited v Varis Developments Limited [2022] provides a useful […]

Questions of procedural fairness remain important in adjudication. In the recent case of Liverpool City Council -v- Vital Infrastructure Asset Management (VIAM) Ltd (In Administration) [2022] the Technology and Construction Court provided declaratory relief rendering an adjudicator’s decision unenforceable because […]

In John Doyle Construction Limited v Erith Contractors Limited [2021], the Court of Appeal (“CoA”) discussed the principles which apply when enforcing an adjudicator’s decision in favour of an insolvent company. Background In 2010, Erith Contractors Limited (“Erith”) engaged John […]