In his recent decision, 16 March 2017, in Hutton Construction Limited and Wilson Properties (London) Limited EWHC 517 (TCC), Mr Justice Coulson expounded his views on the proliferation of the “smash & grab” cases and the courts’ robust and consistent approach vis-a-vis the increasing number of challenges brought by unhappy defendants in the Technology and Construction Court.
In this update, Suryen Nullatamby looks at the guidance on the procedure to be followed, in the limited circumstances, in which a defendant may seek to challenge the enforcement of an adjudicator’s decision, not on grounds that the adjudicator lacked jurisdiction or had breached the rules of natural justice, but on the ground that the adjudicator had got the decision wrong.
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