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Welcome to 39 Essex Chambers
39 Essex Chambers is a leading set based in London, Manchester, Kuala Lumpur and Singapore. Our barristers offer a depth of expertise in a range of specialist sectors and practice areas.
39 Essex Chambers regularly produces case reports, articles, newsletters and seminar across a range of areas.
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OVERVIEW: Life After Bresco – adjudication enforcement and insolvency
In what circumstances can an insolvent company enforce an adjudicator’s decision in its favour? The Supreme Court in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation) [2020] UKSC 25 opened the door to insolvent companies and their funders to bringing adjudications and then enforcing them, but the TCC has now made it clear that it will be an uphill battle for them. In these episodes, Marion Smith QC, John Denis-Smith, David Sawtell and Rebecca Drake will dissect a workshop problem question to explain the practical difficulties and how to avoid them.
Part 1: The Decision in John Doyle Construction Ltd in Liquidation vs. Erith Contractors Ltd
In John Doyle Construction Limited (in liquidation) v. Erith Contractors Limited [2020] EWHC 2451 (TCC), Fraser J explained the principles to be applied and the procedure to be adopted. This episode looks at what the TCC decided.
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