Building Law Monthly
Entitlement to bring a fresh adjudication
Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (t/a 3CL)  EWHC 3051 (TCC) His Honour Judge Stephen Davies, sitting as a Judge of the High Court, considered the entitlement
of a party to bring a fresh adjudication before it has made payment in respect of a prior adjudication between the same parties.
There is no complete prohibition on commencing a fresh adjudication in such circumstances. But, if the matter is one that
relates to the notified sum in the prior adjudication or to a matter that could have been the subject of a payless notice
served in respect of that notified sum, then the payer will not be entitled to bring a fresh adjudication in respect of these
matters without first making payment and an adjudicator who decides to proceed with the adjudication when payment has not
been made is likely to find that his or her decision is unenforceable.