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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Expert Determination Clauses: Take Care in Defining Your Dispute

In the recent case of Empyreal Energy Ltd v Daylighting Power Ltd, the court considered proceedings relating to a clause allowing for expert determination as a form of dispute resolution in very specific circumstances. Background On 19 November 2015, Empyreal […]

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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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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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Indemnity Costs Orders – Guidance from the Court of Appeal

In the case of Lejonvarn v Burgess & Anr the Court of Appeal considered whether a claimant’s conduct during litigation, including its “haphazard and spray gun” case, justified an award for indemnity costs to the defendant. Background The defendant, an […]

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What Amounts to ‘Reasonable Endeavours’?

In contrast to a ‘best endeavours’ obligation, a contractual obligation to use ‘reasonable endeavours’ will generally only require a party to take one of a number of reasonable courses of action in order to discharge the obligation. In addition, a […]

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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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