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 […]

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, […]

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 […]

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 […]

In the recent case of Aqua Leisure International Limited v Benchmark Leisure Limited, the Technology & Construction Court (TCC) considered an application for summary judgment to enforce an adjudicator’s decision in circumstances where there was an alleged determination “by agreement” […]

In the case of Global Switch Estates 1 Limited -v- Sudlows Limited, the Technology and Construction Court (“TCC”) dismissed an application for summary judgment to enforce an adjudicator’s decision due to material breaches of the rules of natural justice. Background […]

The courts have adopted a swift approach to adjudication enforcement. However, in the recent case of Amey LG Limited (“ALG”) v Amey Birmingham Highways Limited (“ABHL”), ALG sought to use that same process to have an adjudicator’s decision declared a […]