ADJUDICATION, JURISDICTION AND STAYS OF EXECUTION

Air Design (Kent) Ltd v Deerglen (Jersey) Ltd [2008] EWHC 3047 (TCC), 10 December 2008

In Air Design (Kent) Ltd v Deerglen (Jersey) Ltd [2008] EWHC 3047 (TCC), 10 December 2008, Mr Justice Akenhead held that an adjudicator did have jurisdiction to rule on all the matters which he had decided in his decision. Further, he seemed to indicate that the broad approach adopted towards the interpretation of arbitration clauses might also be applicable to adjudication clauses. Finally, he declined to grant the defendant a stay of execution on the ground that the claimant might not be able to repay any sums paid to it. The claimant was not insolvent and was in no worse a financial position than when the contract had been concluded and so there was no basis for the grant of a stay.