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

Adjudication Enforcement – Fraud and Stays of Execution

May 7, 2019| Adjudication, Construction Contracts, Dispute Resolution, Enforcement

In the most recent instalment of proceedings between Grandlane Developments Limited (“Grandlane”) and Skymist Holdings Limited (“Skymist”), following its unsuccessful challenge as to the validity of the adjudicator’s appointment, Skymist sought to resist enforcement of the adjudicator’s decision on the … read more

construction

Resisting Enforcement of an Adjudicator’s Decision – The Fraud Defence

April 29, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

Attempts to resist enforcement of adjudication decisions by alleging they were procured by fraud are becoming more common, PBS Energo A.S v Bester Generacion UK Limited [2019] was “one of those rare adjudication cases” whereby the defence was successful and … read more

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