Practical Law

You are no doubt aware that it is absolutely essential to reserve your position on jurisdiction as early as possible in adjudication proceedings. The reservation itself must also be as specific as possible, as discussed by Coulson LJ in the Court of Appeal decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd … Continue reading Received the adjudicator’s decision? You still need to reserve your position on jurisdiction →

In January, in the second of the two conjoined appeals of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd, the Court of Appeal upheld the first instance decision to enforce an adjudicator’s decision where the enforcing party was in a company voluntary arrangement (CVA). In contrast, last … Continue reading Further clarification on the impact of a CVA on adjudication enforcement →

The parties to procurement challenges are required to act quickly and in accordance with a strict timetable. When a losing bidder issues a claim, it must serve the claim form on the defendant within seven days after the date of issue. Pursuant to CPR 7.4(2), the particulars of claim are to be served no later … Continue reading Ignore the procurement dispute timetable at your peril →

Parties often choose to be represented by claims consultants during the adjudication process. If the unsuccessful party in the adjudication does not pay up, it is often the case that a consultant’s involvement will continue beyond the adjudication proceedings. The question of whether the costs of such involvement may be recovered in court proceedings was … Continue reading You can recover (some of) a claims consultant’s costs (some of the time) →