Part 8 and Adjudication Enforcement

Andrew Singer KC

April 2024

A paper presented to the Society of Construction Law in Guildford on 29th February 2024

The paper provides an overview of the TCC’s summary procedure for enforcing unpaid adjudication awards and analyses one approach to challenging such awards which has been employed by non-paying parties: use of a Part 8 claim, to seek the court’s final determination of a self-contained legal issue which arose in the adjudication. The paper looks at recent decisions of the Court of Appeal and TCC as to the proper approach to a Part 8 claim in the context of adjudication enforcement and considers whether the position as now established is satisfactory and reflective of the ‘pay now, argue later’ philosophy of the court when dealing with applications to enforce unpaid adjudication awards.

Introduction – TCC Guide – The leading case on Part 8 vs enforcement – Is the burden of proof higher for a Part 8 Claimant? – Is the current state of the law satisfactory

The author: Andrew Singer KC is a barrister practising from Kings Chambers

Text: 9 pages