Enforcement of adjudication decisions and service in the rest of the UK (Flexidig v M&M Contractors)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Service of the claim
• Enforcement of the adjudication decision
• Case details

Article summary

Dispute Resolution analysis: This case considers the enforcement of an adjudication decision in circumstances in which a similar linked claim was brought in Northern Ireland. The judge gave permission to Flexidig to serve M & M in Northern Ireland with the enforcement action pursuant to CPR 6.37. Permission was refused pursuant to CPR 6.32 as the proceedings in Northern Ireland were a ‘mirror image’ of the instant action. In particular, the claim was directed to the adjudication in England, and it was apposite to the claim for enforcement in this jurisdiction. The judge also held that the adjudicator had not exceeded his jurisdiction, noting the rough and ready nature of an adjudication in the construction sector. The decision was accordingly enforced. Written by Georgia Whiting, barrister, at 4 King’s Bench Walk.