Enforcing an adjudicator's decision in the TCC
Produced in partnership with 4 Pump Court
Enforcing an adjudicator's decision in the TCC

The following Construction practice note produced in partnership with 4 Pump Court provides comprehensive and up to date legal information covering:

  • Enforcing an adjudicator's decision in the TCC
  • Why enforcement is necessary
  • Commencing the Part 7 claim
  • Part 7 claim form
  • Procedural directions for summary judgment application
  • The summary judgment hearing
  • Proceeding to a full trial
  • Other grounds for relief in summary judgment
  • What if the decision to be enforced is nonetheless wrong?
  • Legal costs in enforcement proceedings
  • More...

Coronavirus (COVID-19): The Technology and Construction Court (TCC) has adapted the standard directions for adjudication enforcement to accommodate remote hearings—see: LNB News 06/04/2020 91. See also, more generally, Practice Note: Coronavirus (COVID-19) implications for dispute resolution.

This Practice Note looks at the most common method of enforcement of an adjudication decision—bringing a Part 7 claim and a summary judgment application in the TCC, as provided for in section 9 of the TCC Guide. It also considers the ability to enforce a decision by seeking a mandatory injunction and the effect of a foreign jurisdiction clause on adjudication enforcement proceedings.

Although a Part 7 claim is the normal, and preferable, method of enforcement of an adjudication decision, there are some rarely used alternative methods for enforcement. Parties can apply to the TCC for declaratory relief under CPR Part 8 if there is unlikely to be a substantial dispute of fact and no monetary judgment is sought—see Practice Note: Adjudication and Part 8 proceedings. For guidance on seeking compliance with the decision by issuing a statutory demand or insolvency proceedings, see Practice Note: Adjudication enforcement—use of insolvency proceedings.

Why enforcement is necessary

Under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), a valid adjudicator’s decision is binding and enforceable unless and until the dispute is finally resolved (see Practice Note: Adjudication decision).

However, an adjudicator’s decision does not have

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