Has Time Been Called On 'Smash & Grab' Adjudications?

Until recently, the Technology and Construction Court had made clear, in judgments such as ISG v Seevic and Galliford Try Building Limited v Estura Limited, that where there has been a "smash and grab" type adjudication in respect of an interim application for payment, there cannot be a subsequent adjudication to determine the merits of that payment application.

The phrase "smash and grab" has been used by the courts to refer to adjudications which concern a claim for payment on the basis that there has been no valid pay less notice against either a payment notice or a default payment notice (usually the latter), and therefore the sum in that notice/application is due by default, regardless of the merits.