Practical Law

The decision in Pilon v Breyer Group addresses some very interesting issues on adjudication enforcement. It is probably one of the more important decisions to have emerged this year. Broadly speaking, the judgment clarifies the law on two main issues: Enforceability of adjudicators’ decisions where an adjudicator has wrongly excluded one of the responding party’s … Continue reading TCC reviews enforceability and severability of adjudicators’ decisions →

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.

2009 will not, perhaps, be remembered as a ground breaking year in construction law. There has been no single case that has got people talking like, say, Melville Dundas v George Wimpey did, and adjudication-related cases have continued to show that the Technology and Construction Court (TCC) is extremely reluctant to allow parties to avoid the effect of decision … Continue reading Cases and developments in construction law: 2009 →