Wakefield Office

17 Navigation Court
Calder Park
Wakefield
West Yorkshire
WF2 7BJ
Tel: 01924 258719
Fax: 01924 257666
enquiries@hklegal.co.uk

London Office

28 Queen Street
London
EC4R 1BB
enquiries@hklegal.co.uk

Category Archive: Adjudication

Construction Scene

Are You Adjudicating Against the Right Party?

March 4, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution

It is an established principle that an adjudicator does not have jurisdiction in respect of a dispute referred against an entity which was not a party to the contract. However, the recent case of Gerard Ferns & Kerry-Ann Ferns v Keith … read more

construction

Life after S&T v Grove; TCC Guidance on ‘Smash and Grab’

February 25, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution

In M Davenport Builders Ltd v Greer & Anor [2019], one of the first cases to consider the enforcement of a ‘smash and grab’ adjudication since the Court of Appeal’s landmark ruling in S&T(UK) Ltd v Grove Developments Ltd [2018], … read more

Construction

Is Challenging an Adjudicator’s Decision by Using Enforcement Proceedings an Abuse of Process?

February 14, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

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 … read more

Adjudication and Insolvency

January 31, 2019| Adjudication, Construction, Construction Contracts, 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 … read more

Construction

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

January 21, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution

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. … read more