Adjudication and notices of intention to appoint an administrator


In South Coast Construction Ltd v Iverson Road Ltd [2017] EWHC 61 (TCC) Coulson J held that the claimant was entitled to continue with proceedings to enforce the decision of an adjudicator notwithstanding the fact that the defendant had issued a notice of intention to appoint an administrator. This was so for two principal reasons. First, having regard to the conduct of the parties and the circumstances of the case, the evidence pointed in the direction of permitting the continuation of proceedings. Second, the nature of adjudication was held to favour the continuation of the proceedings. The adjudicator had already examined the merits of the case and the defendant was prima facie in breach of contract in not paying the sum it had been ordered to pay by the adjudicator. It would therefore appear to be the case that a party who has a decision of an adjudicator in its favour is in a much better position than most to submit that a court should exercise its discretion to continue to an enforcement hearing.