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
  • Stays

Produced in association with 4 Pump Court

This Practice Note looks at the role of the court prior to and during an adjudication. It considers the use of declarations and injunctions, as well as whether it is possible to obtain a stay of court proceedings or an arbitration in order for an adjudication to take place.

Declarations

Either party can apply to court for a declaration that an adjudicator does or does not have jurisdiction under CPR 8. Such an application has the advantage of determining a key issue between the parties and ensuring that the costs of the adjudication are not wasted. See Practice Note: Making a jurisdictional challenge.

The Technology and Construction Court Guide states 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