Abbey Developments Ltd v PP Brickwork Ltd
[2003] EWHC 1987 (TCC)
Ratio Decidendi
The adjudication enforcement regime under the Housing Grants, Construction and Regeneration Act 1996 requires compliance with an adjudicator's decision pending any final determination, even where there are arguable grounds for challenge.
Fapte
A subcontractor obtained an adjudication decision in its favour for payment. The main contractor resisted enforcement, arguing defects in the adjudication process.
Rezumatul hotărârii
The court enforced the adjudicator's decision, holding that the 'pay now, argue later' principle is fundamental to the statutory adjudication scheme. Challenges to an adjudicator's decision should be pursued through arbitration or litigation, not by resisting enforcement.
Citate cheie
"The policy of the Act is to ensure cash flow in the construction industry by providing a speedy mechanism for interim dispute resolution."
— HHJ Humphrey Lloyd QC
Tratament ulterior
Consistently followed in adjudication enforcement cases.