Where To Enforce An Adjudicator's Decision?

Being granted a financial award in construction adjudication is not always the end of the story. Sometimes it is necessary to raise a court action to enforce the award. The recent Court of Session case of BN Rendering Ltd v Everwarm Ltd [2018] CSOH 45 provides a reminder that, where an enforcement action is required, it is important to consider which court can enforce the adjudicator's award.

Background

The defender, Everwarm Ltd, entered into a subcontract with the pursuer, BN Rendering Ltd, for labour for the installation of external wall insulation at sites in Kirkcaldy. A dispute arose between the parties, which was referred to adjudication. The adjudicator concluded that BN Rendering was due £141,598.20 plus VAT from the defender. The company then sought to enforce this award in the Court of Session, Scotland.

Everwarm argued that the Court of Session lacked jurisdiction to enforce the adjudicator's award as, according to them, the contract gave the English...