As a niche law firm, Silver Shemmings LLP prides itself for being at the forefront of enforcing a large number of adjudication decisions in the Technology and Construction Court TCC). Our clients have benefited from our detailed practical knowledge of the Adjudication process and our experience in the TCC.
Having won your adjudication you may well be surprised when the other side still refuses to pay as directed by the Adjudicator. At Silver Shemmings, we can assist by reviewing your opponent’s position and advise on the potential risks and commercial issues in taking forward the enforcement. We will arrange representation and advise you through the entire adjudication enforcement process.
Application for Summary Judgment
One of the objectives of Adjudication is to provide a relatively quick and cost effective procedure for resolving disputes (albeit the Adjudicator’s decision is temporarily binding).
Should the losing party not comply with the Adjudicator’s Decision then the successful party can seek to enforce it by using the summary judgment procedure. The TCC has recognised the need to enforce such decisions quickly and has therefore set up a special procedure based on the Summary judgment process which allows enforcements to be dealt with rapidly.
The TCC will usually grant the application for summary judgment unless it can be demonstrated that the adjudicator was biased or acted outside of his jurisdiction or breached the rules of natural justice. It is very unusual for summary judgment not to be given when seeking to enforce an adjudicator’s decision.
Challenging the enforcement of Adjudicator’s decision
Adjudication is recognised as a form of “rough and ready” justice and there are occasions where the decisions reached, or the manner in which they are reached, are such that a party feels compelled to challenge them.
Challenging an adjudication decision can only be successful for specific technical reasons. Simply having received what appears to be the “wrong decision” is not sufficient grounds to challenge such a decision and to defend an enforcement application.
At Silver Shemmings, we can assist by reviewing the adjudication process for you and using our expertise in Construction Law and the adjudication enforcement process, advise you on the most commercially sensible route forward.
For more information, please visit our Guides. If you have an adjudicator’s decision to enforce or to defend, please contact us.