Legal News

Adjudication—challenges, waiver and stays of execution (CSK Electrical Contractors v Kingwood Electrical Services)

Adjudication—challenges, waiver and stays of execution (CSK Electrical Contractors v Kingwood Electrical Services)
Published on: 25 November 2017
Published by: LexisPSL
  • Adjudication—challenges, waiver and stays of execution (CSK Electrical Contractors v Kingwood Electrical Services)
  • Practical considerations
  • Facts
  • Crystallisation of the dispute
  • Whether the appointment of the adjudicator was valid
  • Strict timetables
  • Had the defendant waived the right to rely on the defences put forward?
  • Should there be a stay of execution?

Article summary

Dispute Resolution analysis: Coulson J considers the impact of the fraudulent misrepresentation in Eurocom, finding that reference to a non-existence list of adjudicators the claimant did not wish to see appointed, did not fall within the first requirement set out in Eurocom; being that there was a false statement. The reference the non existence list was therefore not a ground to challenge the valid appointment of the adjudicator. Two rarely successful defences (1) non-crystallisation of the dispute and (2) breach of natural justice due to strict timetables, were mounted and neither were successful but a useful recap of the relevant principles are set out. The judgment also considers what will amount to a waiver to the right to rely on the challenges when faced with summary judgment for enforcement and the practical issues to consider when seeking a stay of execution. or take a trial to read the full analysis.

Popular documents