The Technology and Construction Court (TCC) Guide notes that it has developed a procedure whereby applications to enforce adjudication decisions are heard promptly. The aim is for enforcement hearings to be heard within 6 to 8 weeks of a judge issuing directions in the enforcement application.
Devonshires is pleased to have successfully enforced an adjudicator's decision on behalf of its client, in the recent decision of Home Group Ltd v MPS Housing Ltd ([2023] EWHC 1926). The application was filed with the court on 19 May 2023 with judgment being handed down on 25 July 2023, just over 9 weeks later.
The speedy enforcement process is an effective 'stick to the carrot' that is the adjudication regime. Successful challenges to adjudicator's decisions are rare and are available on limited grounds such as breach of natural justice. This, coupled with a speedy high court enforcement process, has contributed to the overall effective of adjudication within the construction industry.