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
20
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