Bryan Cave Leighton Paisner acts for Willow in a dispute with MTD in relation to its role as main contractor in the design and construction of the Nobu Hotel, Shoreditch. Over the last 18 months the parties have been involved in a series of adjudications and court hearings, including a Part 7 claim by MTD and a Part 8 claim by Willow.
Last month, judgment was handed down by Pepperall J in relation to MTD’s Part 7 claim and Willow’s Part 8 claim, which were heard at the same time. I think the judgment raises at least two interesting issues, which I see that Matt touched on in his blog:
- The circumstances in which a defendant to the enforcement of an adjudicator’s decision can bring a Part 8 claim that is heard at the same time as the enforcement, in accordance with the principles in Hutton Construction Ltd v Wilson Properties (London) Ltd.
- Where the court rules that part of the adjudicator’s decision is incorrect and cannot be enforced, the circumstances in which it will sever the decision.