GOING FOR BROKE

摘要

There's no point winning an adjudication if the other party can't be made to comply with the decision. The robust approach taken by the Technology and Construction Court to enforcing adjudicators' decisions has made it a powerful tool to help companies protect their cashflow - but only if they are still solvent. Although adjudication is a quick, "rough and ready" procedure, the court has enforced adjudicators' decisions by granting summary judgment. Judges have felt able to do this because although adjudicators' decisions are binding, they are not final, so a losing party can begin proceedings for final determination of the dispute.