Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?
In March of this year, the Court of Appeal was faced with a relatively rare type of case: one involving allegations of fraud in the context of adjudication proceedings. As Coulson LJ commented in PBS Energo AS v Bester Generacion UK Ltd, the case provided an opportunity to address the interface between the “pay now, argue later” philosophy inherent in construction adjudication and allegations of fraud raised on enforcement applications. Continue reading