A reference to “the Scheme” is to the Principal Regulations for England and Wales, or the Scheme for Scotland, Wales, or Northern Ireland, as the context requires.
Summary
Enforcement of award – advisory award - Interaction with Part 8 claim Sleaford Building Services Ltd v Isoplus Piping Systems Ltd [2023] EWHC 969 (TCC)
Mr Alexander Nissen KC (28 April 2023)
The proper approach when dealing with a Part 7 claim for enforcement of an
adjudication decision and Part 8 claim for a final determination of any short self-
contained issues was for the two sets of proceedings to be heard together, the Part 7 application first. Usually, judgment should be given on the Part 7 claim, and then – to the extent possible – the court would endeavour to sort out the Part 8 claim and see what effect, if any, that had on the enforcement.
The three-stage test in Hutton was to be applied when looking at the suitability of
the Part 8 proceedings to be determined at the same time as the Part 7 claim.
Here the court had also to address a question as to whether there was any distinction properly to be made between that part of the adjudicator’s decision which was specifically framed as ‘advice’ on the one hand and the ‘decision’ on the other. The court c oncluded the adjudicator regarded the ‘advice’ as non -binding but without deciding whether that was right or wrong. In the event, the court found
that there were a substantial number of sub-issues requiring proper
particularisation, argument, and evidence that were not suitable for summary
determination.
Jurisdiction – Failure to exhaust by not expressly considering line of defence
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