Construction Law Reporter


[2023] EWHC 969 (TCC), Technology and Construction Court, Mr Alexander Nissen KC, sitting as a Deputy Judge of the High Court, 28 April 2023

Contract – Adjudicator asked to decide and to “advise” – Suitability of case for Part 8 proceedings

The claimant brought Part 8 proceedings in which it sought declaratory relief that clause 21.4 of the subcontract between the parties contained a pre-requisite to payment with which the defendant had not complied so that it was not entitled to payment and an adjudicator’s decision in its favour should not be enforced. The defendant subsequently brought Part 7 proceedings in which it sought to enforce the decision of the adjudicator in its favour. Mr Nissen KC held that the appropriate procedure to adopt was first to consider the Part 7 claim and then turn to a consideration of the Part 8 claim.

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