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Category Archive: Adjudication

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

Construction Scene

Adjudication, Fraud and Stays of Execution

December 14, 2018| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

The Court of Appeal has endorsed a first instance decision by the Technology and Construction Court (“TCC”) granting a stay of execution on new grounds. In the context of adjudication enforcement, the leading guidance is set out in the case … read more

“Smash and Grab” Adjudications – S&T v Grove: The Appeal

November 7, 2018| Adjudication, JCT Contracts

In February this year, Coulson J, as he then was, handed down judgment from the Technology and Construction Court (“TCC”) in the case of Grove Developments Limited (“Grove”) v S&T (UK) Limited (“S&T”). His decision threw significant doubt on the … read more