Construction & Adjudication Enforcement - A Guide for Advisers

Introduction

Once an adjudicator’s decision is issued, it is not necessarily the end of the matter. The paying party may continue refusing to pay any money. This may be because they are simply being stubborn, because they believe that the decision is unenforceable, or they fear the receiving party is on the brink of insolvency. Whichever it may be, the parties may need the assistance of the court either by turning the adjudicator’s decision into a court judgment or by deciding that the decision should not be enforced.

This introductory webinar will briefly explain the procedure for issuing court proceedings to enforce an adjudicator’s decision, and how to oppose said enforcement proceedings. It will also set-out the basics of the most common grounds that parties often rely upon in enforcement proceedings in order to resist enforcement.

What You Will Learn

This webinar will cover the following:

• The basic procedure for issuing court proceedings, either to enforce a decision or a declaration that would ‘supersede’ the decision in question
• The two main categories of enforcement challenges: lack of jurisdiction and breach of natural justice
• How the court will deal with parallel and competing Part 7 and Part 8 proceedings
• The possibility of enforcement being stayed due to the insolvency of one of the parties
• The possible options available for enforcing the court judgement

This webinar was recorded on 13th May 2024

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