DURESS AND ADJUDICATION

Capital Structures plc v Time & Tide Construction Ltd [2006] EWHC 591 (TCC), 8 March 2006

In Capital Structures plc v Time & Tide Construction Ltd [2006] EWHC 591 (TCC), 8 March 2006 Judge Wilcox concluded that economic duress could, in an appropriate case, provide a defence to an attempt to enforce an adjudicator’s decision. He held the defendants had put forward ‘an arguable, albeit shadowy, case’ of economic duress and that they had avoided the contract which contained the adjudication provision. The avoidance of the contract on the ground of duress would have deprived the adjudicator of jurisdiction to decide the matter which had been referred to him. He therefore gave the defendants leave to appeal on terms that the defenders pay the amount of the award into court.