- Court of Appeal considers interplay of insolvency and adjudication regimes (Bresco v Lonsdale)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The Court of Appeal, hearing two cases together, considered that while an insolvent company in liquidation can, in theory, commence an adjudication, it was appropriate to grant an injunction restraining continuation of the adjudication. This is because the adjudication would be ‘an exercise in futility’—it will only be in exceptional circumstances that a company in insolvent liquidation (and facing a potential cross-claim) could obtain summary judgment to enforce an adjudication without a stay of execution being ordered.
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