Adjudication—resisting enforcement with a declaration
Adjudication—resisting enforcement with a declaration

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Adjudication—resisting enforcement with a declaration
  • Why a declaration?
  • When should courts award declaratory relief?
  • The four stage test
  • Declarations and adjudications
  • Future claims
  • Can an undertaking defeat a declaration application?

Produced in association with 4 Pump Court

Why a declaration?

The construction of a contract can be pivotal to the decision reached in an adjudication but what happens if you think the adjudicator has got it wrong and you are on the losing end of the adjudicator's decision? Declarations, sought through issuing a Part 8 claim, can be a means of indirectly resisting the enforcement of the adjudication decision; such a decision is only binding unless and until the matter is finally resolved by the court. Declarations have become more prevalent following adjudications and there is no reason why they should not be used to seek to quickly resolve a dispute between the parties. However, declarations are only granted by the courts sparingly and so if going down this route it is essential to ensure that you can meet the four stage test the courts will apply.

It may also be possible to obtain a declaration prior to any adjudication, but it may be more difficult to persuade a court that such a declaration is necessary.

It is also important to note that if seeking a declaration as to the construction of a contract, then in the absence of specific allegations of a breach, the declaration will be relatively general and may be of less use to the parties then a case

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