The steps you need to take to enforce an adjudicator’s decision ordering the payment of a sum of money
This quick guide, one of a series produced by PLC Construction, explains how to enforce an adjudicator’s decision in the Technology and Construction Court (TCC) under CPR Part 7, using summary judgment (CPR Part 24). It refers to the most common type of decision: an adjudicator’s decision to order payment of a sum of money.
Which court should I use to enforce an adjudicator’s decision?
The successful party in the adjudication (claimant) should apply to the Technology and Construction Court (TCC) to enforce an adjudicator’s decision.
Section 9 of the TCC Guide sets out the procedure for enforcing an adjudicator’s decision.
The TCC will not interfere with an adjudicator’s decision unless the adjudicator plainly had no jurisdiction or there has been a serious breach of natural justice.
What application should I make to enforce the adjudicator’s decision?
The type of application depends on the nature of the decision. If the adjudicator’s decision ordered:
- The payment of money, the successful party should issue a claim under CPR Part 7, together with an application for summary judgment under CPR Part 24.
- Something else, such as the grant of an extension of time, the successful party should issue a claim under CPR Part 8, seeking a declaration of the court.
How do I make the application?
To start with, the claimant should lodge these documents at court:
- Claim form and particulars of claim. The claim form and particulars of claim should include details of the adjudicator’s decision and the relief sought.
- Notice of application. The notice (Form N244) should request an abridgement of time (that is, a shorter period for the defendant to respond) .
- Witness statement. The claimant should support the claim form and notice of application with a witness statement.
The claimant should mark the documents: “paper without notice adjudication enforcement claim and application for the urgent attention of a TCC judge”.
What will the TCC do when it receives my application?
A TCC judge will generally deal with the application on paper within three working days. The judge gives directions, which will include when the defendant should file an acknowledgement of service, when the defendant should serve its evidence and the date for a full hearing (usually within 28 days of the order).
What if the defendant takes no part in the application?
If the defendant fails to acknowledge service of the claim form and summary judgment application, the claimant should apply for judgment in default of acknowledgement of service. If the defendant acknowledges service, but then indicates it will take no further part in the proceedings, the claimant should apply to the court to bring the hearing date forward.
The hearing of the application
The court hearing to enforce an adjudicator’s decision will usually take place within 28 days of the judge’s directions.
At least 24 hours before the hearing, the parties should lodge an agreed bundle of documents with the court.
At the hearing, the court will decide whether to enforce the adjudicator’s decision. The court will give reasons for the decision, usually in a written judgment.
This quick guide was produced by PLC Construction
Practical Law Company (PLC) is the leading provider of practical know-how for lawyers. We employ a team of more than 170 legal experts, all of whom have had significant experience in practice. They create and maintain the resources that help you work more efficiently.