Building Law Monthly
Assignment of the right to adjudicate
In
Paragon Group Ltd v FK Facades Ltd [2026] EWHC 78 (TCC);
[2026] BLR Plus 15, His Honour Judge Stephen Davies, sitting as a Judge of the High Court, held that the claimant was entitled to summary judgment
in order to enforce the decision of an adjudicator. The defendant had sought to resist enforcement on the ground that the
claimant, as an assignee, was not entitled to enforce the decision. However, it was held, as a matter of interpretation of
this particular contract, that the claimant was entitled to refer to adjudication the assigned claim so that the adjudicator
did have jurisdiction to reach his decision. The contract and the Scheme for Construction Contracts could be interpreted as
if the words "or any legal assignee of such party, where applicable" were read into the definition of a party with the consequence
that the claimant had been entitled to refer the dispute to adjudication.