Cases Part 4 2023 Final

1998 4 applies. There are new separate regulations

amended by the Scheme for Construction Contracts

in Northern Ireland (Amendment) Regulations

for Wales, applicable to contracts for construction

(Northern Ireland) 2012. The Northern Ireland

operations in Wales entered into on or after 1 October 2011. 5

Scheme is broadly similar to that in force in England

and Wales.

A reference to “the Scheme” is to the Principal Regulations for England and Wales, or the Scheme

There are separate regulations for contracts for work

in Scotland applicable to contracts made on or after 1 November 2011. 3 The new Regulations apply only

for Scotland, Wales, or Northern Ireland, as the

context requires.

to contracts for work in Scotland entered into on or

after this date. For earlier contracts the Scheme for

Construction Contracts (Scotland) Regulations

Summary

Jurisdiction – Commencement of true value adjudication before payment of notified

sum

Henry Construction Projects Limited v Alu-Fix (UK) Limited [2023] EWHC 2010 (TCC)

District Judge Baldwin judgment 23 May 2023

The obligation to make immediate payment arises when there is a notified sum under s111 of

the Act, not when an adjudicator later awards payment. A true value adjudication may not be

commenced or continued and the adjudicator will not have jurisdiction to determine a true

value adjudication until payment of a notified sum has been made. Where there is a genuine

dispute as to whether or not a notified sum exists, a true value adjudication may be allowed

pending a decision as to that issue.

Natural Justice – Amount of material and lack of time

Home Group Limited v MPS Housing Limited [2023] EWHC 1946 (TCC) Mr Justice Constable

judgment 25 July 2023

3 Scheme for Construction Contracts (Scotland)

5 Scheme for Construction Contracts (England and

Amendment Regulations 2011 (SI 2011/371).

Wales) Regulations 1998 (Amendment) (Wales)

Regulations 2011 (SI 2011/1715) (W.194).

4 Scheme for Construction Contracts (Scotland)

Regulations 1998 (SI 1998/687) (S.34).