- D McLaughlin & Sons Ltd v East Ayrshire Council—further implications
- The background and the court’s decision
- What should Scottish practitioners note from this case?
- How is the judgment likely to affect enforcement actions in Scotland, in the future?
- Case details
Construction analysis: The central issue in this case was whether the Court of Session would allow a final determination of the issues dealt with in an adjudicator’s decision to be heard at the same time a party to the proceedings was pursuing enforcement of that decision. Lord Clark, in the Outer House of the Court of Session held that, whilst there may be exceptional circumstances in which it will be appropriate to allow a final determination to be heard at the same time as enforcement proceedings, those circumstances did not apply in this case as the defender’s counterclaim did not address the issue of final determination. Carolyn Morgan, partner at Harper Macleod LLP, considers some of the implications of this judgment for parties enforcing adjudication decisions in Scotland.
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