Adjudication not concluded or abandoned for the purpose of a JCT conclusive evidence clause

Battersea Power Project Phase 2 Development Company Ltd v QFS Scaffolding Ltd [2024] EWHC 591 (TCC)

Marion Smith KC and David Sawtell appeared for the successful contractor, enforcing an adjudicator’s decision in the amount of over £3m in a dispute arising out of the Battersea Power Station project.

The case turned on the correct interpretation of the conclusive evidence clause in the industry standard JCT Design and Build form of contract.

The TCC found that the word ‘conclusion’ in the relevant clause 1.8.2 did not include an adjudication that had become a nullity. The TCC also found that the contractor it had not abandoned adjudication proceedings in respect of the subject matter of its dispute.

The decision looks again at the principles of construction that should be applied to conclusive evidence clauses, as well as considering the concept of abandonment in adjudication proceedings.

Marion and David appeared for QFS Scaffolding Limited. They were instructed by Stephen Radcliffe, Eleanor Folger and Barnaby Rosenthall of Ward Hadaway solicitors. The decision can be found here.