Adjudication Cases

We are pleased to provide a database of important of judgements handed down by the courts from 1999 affecting adjudication in the United Kingdom.
Included is a “level 1”main provision, a “level 2” detailed summary and a “level 3” actual copy judgement for each case.
Cases may be searched by name, date and / or subject matter

17 Apr 2019 PBS ENERGO AS v BESTER GENERACION UK LTD The contractor had a properly arguable defence that the adjudicator’s decision was obtained by the sub-contractor’s fraud with the result that its application to enforce the decision by way of summary judgment should be dismissed

8 Mar 2019 HITACHI ZOSEN INOVA AG v JOHN SISK & SON LTD The adjudicator had jurisdiction to award the sub-contractor a specified in the further adjudicator in respect of a variation despite having valued it in the first adjudication as “£nil” on the ground of insufficient cost details where it provided such details in the further adjudication

5 Feb 2019 DONALD INSALL ASSOCIATES LTD v KEW HOLDINGS LTD There was a contract for the provision of architectural services between the architect and the client company which was concluded at the meeting between a representative of the architect and the director of the client when the director signed the architect’s fee proposal on behalf of the client

8 Jan 2019 BN RENDERING LTD v EVERWARM LTD Technology and Construction Court O’Farrell J 16 August 2018

8 Mar 2019 BILLINGFORD HOLDINGS LTD v SMC BUILDING SOLUTIONS LTD No order should be made in respect of the responding party’s application for an injunction preventing the adjudicator and the referring party to continue the ongoing adjudication in order that declarations could be made resolving its challenge to the adjudicator’s jurisdiction

29 Jan 2019 OVE ARUP & PARTNERS INTERNATIONAL LTD v COLEMAN BENNETT INTERNATIONAL CONSULTANCY PLC The client was precluded from relying in the engineer’s enforcement proceedings on its jurisdictional challenge that the contract(s) with the engineer fell outside the ambit of the Construction Act despite its general reservation made before the adjudicator to raise new challenges

4 Dec 2018 SITEMAN PAINTING AND DECORATING SERVICES LTD v SIMPLY CONSTRUCT (UK) LTD

20 Feb 2019 M DAVENPORT BUILDERS LTD v GREER

21 Jan 2019 FERNS v WEST

4 Dec 2018 SITEMAN PAINTING AND DECORATING SERVICES LTD v SIMPLY CONSTRUCT (UK) LTD