Practical Law

The Supreme Court has handed down judgment in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc, determining by what cause of action and by what date a paying party that is dissatisfied with the substance of an adjudicator’s decision needs to issue proceedings to seek to recover that payment. The issues In most cases a dispute … Continue reading Supreme Court rules on limitation period for challenging adjudicator’s decision →

In a judgment that is destined to become the leading case on the topic, Coulson J has restated the law on the relationship between adjudication enforcement and insolvency, and held that the existence of a winding up petition is not a defence to summary judgment.

The Court of Appeal handed down its judgment in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc on 29 November 2013. The judgment determines by what cause of action and by what date a paying party that is dissatisfied with the substance of an adjudicator’s decision needs to issue proceedings to seek to recover that payment.

Last week, Akenhead J handed down judgment in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc. As he noted, it: “…raises an interesting and important issue as to when in terms of limitation of action a party which is dissatisfied with the substance of an adjudicator’s decision needs to issue its proceedings or to raise any counterclaim in … Continue reading No implied term extending limitation period following adjudicator’s decision →