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ARTICLE · 10 AUGUST 2018

UK Adjudication Review

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You've made it through an adjudication, got a decision in your favor – but the "losing" party is refusing to pay up. What then?

United KingdomReal Estate and Construction

Our summer adjudication review includes the following updates:

  • Using a winding-up petition to enforce an adjudication is unwise (a review of Victory House General Partner Ltd, Re A Company [2018] EWHC 1143 (Ch) in which the court refused a winding-up petition to enforce an adjudication);
  • The court's approach to set-off claims in adjudication enforcement proceedings (a review of MI Electrical Solutions Ltd v. Elements (Europe) Ltd [2018] EWHC 1472 (TCC) in which the court refused to allow a contractor to set-off its cross-claim against an adjudication decision); and
  • A last word on the benefits of adjudication

Using a winding-up petition to enforce an adjudication is unwise

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