Construction Law Reporter
WESTGREEN CONSTRUCTION LTD v KIRYUKHINA
[2026] EWHC 2189 (TCC), Technology and Construction Court, OFarrell J, 18 August 2026
Adjudication – Jurisdiction – Natural justice – Stay of execution
The claimant brought proceedings in order to enforce the decision of an adjudicator. The defendant sought to resist enforcement
on the ground that the adjudicator had acted in excess of his jurisdiction in deciding matters that had not been referred
to him and that he had breached the principles of natural justice. If that argument failed, the defendant sought a stay of
enforcement. O'Farrell J rejected the defences relied upon by the defendant and also held that the defendant was not entitled
to a stay of enforcement. She therefore held that the claimant was entitled to enforce the decision of the adjudicator in
the sum of £650,000 plus VAT and interest and also required the defendant to pay the adjudicators fee.