Court Enforcement

Glovers acts for Referring Parties seeking to enforce adjudicator’s decision by court proceedings or for Responding Parties seeking to resist enforcement.

The Technology and Construction Court (TCC) has crafted an expedited procedure especially for adjudicator decision enforcement actions, which procedure typically leads to a Court Judgment being obtained within one and two months from the date of the adjudicator’s decision. The Courts recognises that adjudication is a rapid process designed to ensure that prolonged disputes do not impede cash flow. It is relatively rare that adjudicator’s decisions are not enforced in the TCC.

We do not undertake adjudication enforcement work using Conditional Fee Agreements. Using such arrangements can often work to the disadvantage of Claimants in enforcement because the potential irrecoverable costs can be increased if the legal costs insurance premium costs cannot be recovered in full.

Before preparing documents to begin the enforcement process, we may seek advice from a specialist barrister about the prospects of recovery. Advocacy at the Court hearing will be undertaken by a barrister. The adjudicator is not usually involved in the process. It is often not necessary for the client to attend court to give evidence.

Glovers has been involved in a number of contested cases, including one case described as “the high water mark in adjudication enforcement”. Because adjudication enforcement cases can be expedited relatively quickly we will usually invoice clients for work at the conclusion of the enforcement hearing.

If a judgment obtained at the conclusion of enforcement proceedings is not satisfied, we will advise on what further steps might be required to secure payment or alternative security. We have been involved in a case in the Companies Court seeking winding up proceedings against a company that failed to satisfy a judgment obtained on and adjudicator’s decision.