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The Court of Appeal considered that while an insolvent company in liquidation can, in theory, commence an adjudication, it was appropriate to grant an injunction restraining continuation of the adjudication. This is because the adjudication would be ‘an
exercise in futility’—it will only be in exceptional circumstances that a company in insolvent liquidation (and facing a potential cross-claim) could obtain summary judgment to enforce an adjudication without a stay of execution being
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd; Cannon Corporate Ltd v Primus Build Ltd  EWCA Civ 27
First published on LexisPSL Construction.
For a review of the TCC’s judgment, see News Analysis: Appoint your liquidator and sack your adjudicator (Michael J Lonsdale v Bresco Electrical).
This analysis considers the issues in relation to the appeal of the TCC decision in Michael J Lonsdale (Electrical) v Bresco Electrical Services. For analysis of the Court of Appeal’s reasoning in relation to the
other case considered in this judgment (Cannon Corporate v Primus Build  EWHC 2143), see News Analysis: Use it or lose it—Court of Appeal casts doubt on general reservations as to an adjudicator’s jurisdiction (Bresco v Lonsdale; Cannon v Primus).
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