The proper answer to all the above issues about enforcement was to deal with them at the enforcement stage, (if there is one). It may be the liquidator would not seek to enforce the adjudicator’s decision summarily. Or the liquidator may offer appropriate undertakings, such as to ring-fence any enforcement proceedings: see the discussion of undertakings in the Meadowside[1] case. The court offered this comfort to paying parties. “Where there remains a real risk that the summary enforcement of an adjudication decision will deprive the respondent of its right to have recourse to the company’s claim as security (pro tanto) for its cross- claim, then the court will be astute to refuse summary judgment.”
[6] Meadowside Building Developments Limited (In Liquidation) v 12-18 Hill Street Management Co Limited [2019] EWHC 2651 (TCC)
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