Online from: 2009
Subject Area: Built Environment
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|Title:||Adjudication enforcement: partial final determinations and insolvency|
|Author(s):||Heath Marshall, (Benson Watkins & Co. Ltd, Cardiff, UK)|
|Citation:||Heath Marshall, (2012) "Adjudication enforcement: partial final determinations and insolvency", International Journal of Law in the Built Environment, Vol. 4 Iss: 1, pp.60 - 74|
|Keywords:||Case law, Construction industry, Disputes, Statutory adjudication, United Kingdom|
|Article type:||General review|
|DOI:||10.1108/17561451211211741 (Permanent URL)|
|Publisher:||Emerald Group Publishing Limited|
Purpose – The purpose of this paper is to examine two specific circumstances where UK courts may stay the execution of a judgment to enforce a statutory adjudication decision; where a final decision is sought on a discrete point; and where the winning party is insolvent. In this context, there is consideration of what a “binding” decision means for the purposes of Part II of the
Design/methodology/approach – A black letter, doctrinal approach is adopted, using two High Court decisions as a focus for wider critical reflection.
Findings – The cases where a final determination on part of an adjudication decision is successful are rare and will depend on the facts. Despite some unorthodox recent decisions, the likelihood remains that parties will struggle to challenge part only of an adjudication decision. The leading case authorities support the underlying principle of the Construction Act insofar as adjudication decisions are binding and should be enforced or else the Court will impose punitive statutory interest on the debt. This principle applies even in cases where the adjudication decision is successfully challenged in such cases.
Originality/value – This paper also addresses two decisions given by Edwards-Stuart J. in the High Court, both of which adopt a novel approach to the relevant issues, and hence this discussion of those approaches demonstrates originality.
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