contracts for work in Scotland entered into on or after this date. For earlier
contracts, the Scheme for Construction Contracts (Scotland) Regulations 1998[4]
applies. There are new separate regulations for Wales, applicable to contracts for
construction operations in Wales entered into on or after 1 October 2011.[5]
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 Access to courts in adjudication proceedings – application of ‘ pay now argue later ’ mantra A & V Building Solutions Ltd v J & B Hopkins Ltd [2023] EWCA Civ 54 King LJ, Coulson
LJ and Popplewell LJ Judgment 27 January 2023
While the courts were open to parties even in an ongoing adjudication, regard must be had to "the guiding principle behind construction adjudication: the ‘ pay now argue later ’ mantra." Parallel proceedings were not invalid or an abuse of process but part 8 declarations for final determination of issues should be the
exception, not the rule and should not be used to circumvent or undermine
adjudication. The proper procedure should be followed as set out in the TCC
Guidelines. The usual position was that the enforcement proceedings should be
heard first, and any Part 8 claim should be dealt with afte the enforcement unless
the point raised was straightforward and self-contained, and the parties were
agreed that it could be dealt with at the enforcement application without adding
to the time estimate.
Attacking an adjudicator's decision on enforcement
J & B Hopkins Ltd v A&V Building Solution Ltd [2023] EWHC 301 (TCC), Mr Roger Ter
Haar KC
3
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