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ARTICLE · 16 OCTOBER 2020

JRT Developments Ltd V TW Dixon (Developments) Ltd: When Enforcement Is 'Manifestly Unjust'

Beale & Co
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In the recent case of JRT Developments Ltd (JRT) v TW Dixon (Developments) Ltd (TWD) [2020] the TCC has shown that parties seeking to enforce "smash and grab" adjudication awards will not be able to do so in circumstances where it would be manifestly unfair.

IrelandReal Estate and Construction
James Vernon
James Vernon

In the recent case of JRT Developments Ltd (JRT) v TW Dixon (Developments) Ltd (TWD) [2020] the TCC has shown that parties seeking to enforce "smash and grab" adjudication awards will not be able to do so in circumstances where it would be manifestly unfair.

Background

Of interest and significance in this case is the fact that the parties in dispute are related. JRT is owned and controlled by Mr Jonathan Woodcock, the nephew of the sole shareholders and directors of TWD, Mr and Mrs Dixon. Mr and Mrs Dixon set up TWD, with Mr Woodcock's assistance, solely for the purposes of developing 14 new homes on farmland near Market Drayton in Shropshire. They are elderly and have no prior involvement in the construction industry.

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