How Not To Resist Enforcement Of An Adjudicator's Decision - A TCC Guide

Written by Nathaniel Horrocks-Burns (Hutton Construction Limited v Wilson Properties (London) Limited [2017] EWHC 517 (TCC))

The Technology and Construction Court (TCC) generally enforces adjudication decisions, providing the adjudicator has decided the dispute that was referred to him and acted in accordance with the rules of natural justice. The TCC will only correct a decision in the event of: (i) collective admission of an error in the adjudication which the court has jurisdiction to correct, or (ii) clear-cut issues concerning the proper timing, categorisation or description of a payment application, payment notice or pay less notice.

Many parties seek to resist enforcement by arguing the adjudicator's decision was wrong. In Hutton, Coulson J warned against raising such arguments in enforcement...