Insolvent companies are not barred from adjudication

By Steven Carey2020-08-27T05:00:00

The Supreme Court has ruled that the insolvency set-off rules do not trump the right to adjudication

The spectre of insolvency is looming large, over not just our own sector but huge swathes of the economy as a result of covid-19. The Supreme Court has recently handed down its judgment in the case of Bresco vs Michael J Lonsdale, which is likely to have an impact on claims brought by insolvent construction companies.

The Supreme Court grappled with the competing tensions of two statutory regimes, attempting to reconcile statutory adjudication with the insolvency set-off rules.

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