Strategies and Limitations for Resisting Enforcement of Adjudication Decisions in the UK Construction Law


Published by a UUÂãÁÄÖ±²¥ Construction expert
Practice notes

Strategies and Limitations for Resisting Enforcement of Adjudication Decisions in the UK Construction Law


Published by a UUÂãÁÄÖ±²¥ Construction expert

Practice notes
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Produced in association with 4 Pump Court.

This Practice Note provides a summary of the options available to a party wishing to prevent enforcement of an adjudication decision, while also highlighting grounds that have failed or been rejected by the court.

The courts take a pro-enforcement approach to adjudication decisions, and as set out below the circumstances in which a decision will not be enforced (or a stay of execution granted) are limited.

Summary of grounds for resisting enforcement

The court will only refuse to enforce an adjudicator's decision, or grant a stay of execution, in very limited circumstances:

  1. •

    the adjudicator did not have jurisdiction (see Practice Note: Grounds for a jurisdictional challenge in an adjudication)

  2. •

    there was a serious breach of natural justice in the adjudication (see Practice Note: Breach of natural justice in adjudication)

  3. •

    the referring party is insolvent and/or there is a risk of dissipation of the awarded sum (see Practice Note: Adjudication—resisting enforcement using a stay of execution)

  4. •

    fraud during the adjudication (see Practice Note: Fraud in adjudication)

  5. •

    the

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Jurisdiction(s):
United Kingdom
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Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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