Practical Law

Two recent decisions in the TCC have considered the circumstances in which indemnity costs are awarded in adjudication enforcement hearings: Savoye and Savoye Ltd v Spicers and Eurocom v Siemens.

In adjudication, the identity of the adjudicator can be of critical importance. Not only do adjudicators decide the referred dispute, they also deal with questions of jurisdiction, and manage the fairness of the process. Some experienced users of adjudication develop favourites or those they would rather avoid. Not surprisingly, referring parties have sought to influence … Continue reading Eurocom v Siemens: a “strong prima facie” case of fraudulent misrepresentation →

The recently released judgment of Edwards-Stuart J in Geoffrey Osborne Limited v Atkins Rail could have a major impact upon adjudication enforcement and substantially affect the enforceability of adjudicators’ decisions. It raises two important issues: The use of CPR Part 8 proceedings to avoid enforcement. Obtaining final determination of only part of a dispute.