Enforcing an adjudicator's decision in the TCC

Produced in partnership with 4 Pump Court
Practice notes

Enforcing an adjudicator's decision in the TCC

Produced in partnership with 4 Pump Court

Practice notes
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This Practice Note looks at the most common method of enforcement of an adjudication decision—bringing a Part 7 claim and a summary judgment application in the TCC, as provided for in section 9 of the TCC Guide. It also considers the ability to enforce a decision by seeking a mandatory injunction and the effect of a foreign jurisdiction clause on adjudication enforcement proceedings.

Although a Part 7 claim is the normal, and preferable, method of enforcement of an adjudication decision, there are some rarely used alternative methods for enforcement. Parties can apply to the TCC for declaratory relief under CPR Part 8 if there is unlikely to be a substantial dispute of fact and no monetary judgment is sought—see Practice Note: Adjudication and Part 8 proceedings. For guidance on seeking compliance with the decision by issuing a statutory demand or insolvency proceedings, see Practice Note: Adjudication enforcement—use of insolvency proceedings.

Why enforcement is necessary

Under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), a valid adjudicator’s decision is binding and enforceable unless and

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Jurisdiction(s):
United Kingdom
Key definition:
Adjudicator definition
What does Adjudicator mean?

The individual appointed to oversee an adjudication dispute between two parties.

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