Life After Bresco – Part 1: The Decision in John Doyle Construction Ltd in Liquidation vs Erith Contractors Ltd

OUTLOOK - The Commercial, Construction & International Arbitration Podcast, Life After Bresco, Podcasts & Other Media Marion Smith QC, John Denis-Smith, David Sawtell, Rebecca Drake 14th October 2020

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.

Related Barristers

Marion Smith QC

John Denis-Smith

David Sawtell

Rebecca Drake