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Adjudication enforcement: partial final determinations and insolvency

Adjudication enforcement: partial final determinations and insolvency Purpose – The purpose of this paper is to examine two specific circumstances where UK courts may stay the execution of a judgment to enforce a statutory adjudication decision; where a final decision is sought on a discrete point; and where the winning party is insolvent. In this context, there is consideration of what a “binding” decision means for the purposes of Part II of the Housing Grants Construction and Regeneration Act 1996. Design/methodology/approach – A black letter, doctrinal approach is adopted, using two High Court decisions as a focus for wider critical reflection. Findings – The cases where a final determination on part of an adjudication decision is successful are rare and will depend on the facts. Despite some unorthodox recent decisions, the likelihood remains that parties will struggle to challenge part only of an adjudication decision. The leading case authorities support the underlying principle of the Construction Act insofar as adjudication decisions are binding and should be enforced or else the Court will impose punitive statutory interest on the debt. This principle applies even in cases where the adjudication decision is successfully challenged in such cases. Originality/value – This paper also addresses two decisions given by Edwards‐Stuart J. in the High Court, both of which adopt a novel approach to the relevant issues, and hence this discussion of those approaches demonstrates originality. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Law in the Built Environment Emerald Publishing

Adjudication enforcement: partial final determinations and insolvency

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Publisher
Emerald Publishing
Copyright
Copyright © 2012 Emerald Group Publishing Limited. All rights reserved.
ISSN
1756-1450
DOI
10.1108/17561451211211741
Publisher site
See Article on Publisher Site

Abstract

Purpose – The purpose of this paper is to examine two specific circumstances where UK courts may stay the execution of a judgment to enforce a statutory adjudication decision; where a final decision is sought on a discrete point; and where the winning party is insolvent. In this context, there is consideration of what a “binding” decision means for the purposes of Part II of the Housing Grants Construction and Regeneration Act 1996. Design/methodology/approach – A black letter, doctrinal approach is adopted, using two High Court decisions as a focus for wider critical reflection. Findings – The cases where a final determination on part of an adjudication decision is successful are rare and will depend on the facts. Despite some unorthodox recent decisions, the likelihood remains that parties will struggle to challenge part only of an adjudication decision. The leading case authorities support the underlying principle of the Construction Act insofar as adjudication decisions are binding and should be enforced or else the Court will impose punitive statutory interest on the debt. This principle applies even in cases where the adjudication decision is successfully challenged in such cases. Originality/value – This paper also addresses two decisions given by Edwards‐Stuart J. in the High Court, both of which adopt a novel approach to the relevant issues, and hence this discussion of those approaches demonstrates originality.

Journal

International Journal of Law in the Built Environment – Emerald Publishing

Published: Apr 13, 2012

Keywords: United Kingdom; Construction industry; Disputes; Statutory adjudication; Case law

References

  • Comment in the resolver
    Beaumont, B.
  • The circumstances in which an adjudicator's decision is unenforceable or inappropriate in construction disputes
    Brawn, D.
  • Construction Adjudication
    Coulson, P.
  • Do dispute review boards trump dispute adjudication boards in creating more successful construction projects?
    Griffiths, D.
  • Opinion construction
    Griffiths, D.
  • Housing Grants, Construction and Regeneration Bill (H.L.)
    Hansard