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Building Law Monthly

Validity of notice of adjudication

In Iluminesia Ltd (t/a AlterEgo Facades) v RFL Facades Ltd [2023] EWHC 3122 (TCC), His Honour Judge Davis-White KC, sitting as a judge of the King's Bench Division, held that the claimant was entitled to summary judgment in order to enforce the decision of an adjudicator. He rejected the various defences relied upon by the defendant, finding that there was a contract between the parties which contained a term providing for adjudication as the means of dispute resolution, that the notice of intention to adjudicate issued by the claimant was not a nullity, that there had been no breach of the principles of natural justice and the claimant could not be said to be seeking to both approbate and reprobate the decision of the adjudicator.

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