Role of the court during the adjudication
Role of the court during the adjudication

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

  • Role of the court during the adjudication
  • Declarations
  • Injunctions
  • Stay of litigation or arbitration pending adjudication

Produced in association with 4 Pump Court

This Practice Note provides an overview of the role of the court prior to and during an adjudication, including why and how a party to an adjudication might seek relief from the court during that adjudication (or even prior to one commencing). This includes seeking a Part 8 declaration or injunction, as well as obtaining a stay of court or arbitral proceedings in order for an adjudication to take place.

Declarations

The Technology and Construction Court Guide expressly provides for a party to seek declaratory relief at para 9.4.1:

'…the TCC will also hear any applications for declaratory relief arising out of the commencement of a disputed adjudication. Commonly, these will concern:

(a) Disputes over the jurisdiction of an adjudicator. It can sometimes be appropriate to seek a declaration as to jurisdiction at the outset of an adjudication, rather than both parties incurring considerable costs in the adjudication itself, only for the jurisdiction point to emerge again at the enforcement hearing.

(b) Disputes over whether there is a written contract between the parties or, in appropriate cases, whether there is a construction contract within the meaning of the Construction Act.

(c) Disputes over the permissible scope of the adjudication, and, in particular, whether the matters which the claimant seeks to raise in the adjudication are the subject of