Can A Liquidator Adjudicate A Dispute That Arose Under A Construction Contract?

In August 2018, in Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (In Liquidation)¹ Mr Justice Fraser had the opportunity in the context of CPR Part 8 proceedings to clarify whether or not a liquidator can pursue a claim in adjudication arising out of a construction contract.

As Andrew Weston explains here, this was a case in which Pythagoras Capital Limited (on behalf of Bresco's liquidator) commenced an adjudication in respect of monies claimed from Lonsdale arising out of a disputed termination, but were they right to have done so?

In Lonsdale, the question to be answered, as framed by Mr Justice Fraser, was "Whether a company in liquidation can refer a dispute to adjudication when that dispute includes (in whole or in part) determination of a claim for further sums said to be due to the referring party from the responding party?"