Cases Part 2 2023 - final

consider it, it was ruled to be 'irrelevant', meaning the relief claimed by AMK would

not be granted.

Comment

It is interesting to note the interaction between adjudication enforcement and

proceedings for the final determination of issues arising on enforcement in

Scottish courts. As we know, in England, the practice is that the two are heard

together, provided doing so will not add to the time allowed for the enforcement

proceedings and there is no need for any additional evidence or extensive

argument. In Scotland, the position is somewhat different. In Scotland, it has been

decided[14] that such a challenge could proceed if it was ripe for decision and

could result in final determination of the dispute. In this case, the court did

consider the claims for declaration by AMC, which were granted in part but not so

as to undermine the right to payment awarded in the Bingham adjudication; and

without prejudging the final determination by the court of the true value of the

final account in the proceedings yet to be heard.

Stay of Execution

WRB (NI) Ltd v Henry Construction Projects Ltd [2023] EWHC 278 (TCC), Pepperrall J.

Judgment 10 February 2023) WRB sought to enforce an adjudicator ’ s award in its favour for the sum awarded plus interest, together with VAT where applicable, and administrative charges and

legal costs on the adjudicator's fees ordered to be reimbursed to WRB by HCP but

which were only paid after the adjudicator had sued both parties to obtain

payment and which had been met by WRB.

There were several oddities about the case. First and foremost, WRB was a

dormant company and it claimed the true party to the subcontract giving rise to

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