Rebecca Drake acted successfully on behalf of Penten Group in an adjudication enforcement decision. The hearing before Mr Justice Coulson involved an adjudication enforcement application, very unusually, on behalf of the Responding Party in an adjudication, seeking to confirm that an adjudicator’s decision was enforceable. This was because Spartafield had commenced further adjudication proceedings in which it was attempting to cherry pick the elements of the adjudicator’s decision it accepted and not comply with those that it did not. In particular, in this case Spartafield did not like the adjudicator’s decision on the terms of the contract and therefore commenced an adjudication to seek a declaration from another adjudicator, that the first adjudicator did not have jurisdiction to make the decision he did, and that the terms of the contract were other than that decided in the first adjudication.
Mr Justice Coulson held that the first adjudicator’s decision was enforceable and that the parties were therefore bound by that decision accordingly. Mr Justice Coulson also made some important observations on the difficulties faced by adjudicators in relation to contractual interpretation since the changes to the Housing Grants, Construction and Regeneration Act 1996.
The judgment can be found by clicking here.
Rebecca Drake was instructed by Richard Bailey at Goodman Derrick LLP whose article on the decision can be found by clicking here.