Webinar
25 Sep 2020

WEBINAR: Adjudication post-Bresco: John Doyle Construction Limited (in liquidation) v Erith Contractors Limited [2020]

So now we know!

There has been much speculation as to the likely impact of the Supreme Court decision in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation) [2020] UKSC 25 on adjudications by insolvent companies.  In Bresco the Supreme Court took a different approach to the TCC and the Court of Appeal and decided that adjudicators had jurisdiction to determine construction disputes brought by insolvent companies, and that allowing such adjudications was not an 'exercise in futility'.

Last week the TCC handed down judgment in the first significant decision after Bresco refusing enforcement of an adjudicator's decision where the claimant was in insolvent liquidation in  John Doyle Construction Limited (in liquidation) v. Erith Contractors Limited [2020] EWHC 2451.

In his judgment, Fraser J considered the circumstances in which such claims would, and would not be, allowed.

In this webinar, Marion Smith QC, John Denis-Smith, David Sawtell and Rebecca Drake discuss the decision and the consequences for parties seeking to enforce such adjudications.

The webinar will:

  • Take a workshop format, and consider a problem scenario
  • Considers John Doyle Construction Limited (in liquidation) v Erith Contractors Limited [2020] EWHC 2451, Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation) [2020] UKSC 25, Meadowside Buildings Development Ltd (in liquidation) v 12-18 Hill Street Management Co Ltd [2019] EWHC 2651 (TCC) and Balfour Beatty Civil Engineering Ltd v Astec Projects Limited (In Liquidation) [2020] 796 (TCC)

WEBINAR RECORDING:

 

 

WEBINAR SUMMARY NOTE:

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PLEASE NOTE: These webinars are hosted by Zoom. Please visit the Zoom website for their Terms & Conditions.