Resisting enforcement of an adjudication decision
Resisting enforcement of an adjudication decision

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

  • Resisting enforcement of an adjudication decision
  • Summary of grounds for resisting enforcement
  • Grounds which are unlikely to succeed
  • Reserving the right to bring a challenge
  • What if the decision is wrong or contains a mistake?
  • Is it ever possible to challenge an adjudicator’s findings?
  • No defence that final proceedings have been commenced
  • No defence that the decision could be accounted for in future certification and payment procedures
  • Costs
  • Overturning the decision

Produced in association with 4 Pump Court.

This Practice Note provides a summary of the options available to a party wishing to prevent enforcement of an adjudication decision, while also highlighting grounds that have failed or been rejected by the court.

The courts take a pro-enforcement approach to adjudication decisions, and as set out below the circumstances in which a decision will not be enforced (or a stay of execution granted) are limited.

Summary of grounds for resisting enforcement

The court will only refuse to enforce an adjudicator's decision, or grant a stay of execution, in very limited circumstances:

  1. the adjudicator did not have jurisdiction (see Practice Note: Grounds for a jurisdictional challenge in an adjudication)

  2. there was a serious breach of natural justice in the adjudication (see Practice Note: Breach of natural justice in adjudication)

  3. the referring party is insolvent and/or there is a risk of dissipation of the awarded sum (see Practice Note: Adjudication—resisting enforcement using a stay of execution)

  4. fraud during the adjudication (see Practice Note: Fraud in adjudication)

  5. the responding party brings Part 8 proceedings for a declaration that finally determines an issue, the effect of which is to trump the adjudication decision (see Practice Note: Adjudication and Part 8 proceedings)

If only part of the decision is found to be unenforceable, it may be possible to sever the decision and enforce the unaffected

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