Balfour Beatty Civil Engineering Ltd & Anor v Astec Projects Ltd

Balfour Beatty Civil Engineering Ltd & Anor v Astec Projects Ltd

There is no fatal jurisdictional objection to the adjudications proceeding, even though there are three contracts and thus three adjudications, provided that the Meadowside conditions are satisfied, including adequate security for costs. The injunction to restrain the adjudications is refused, subject to conditions regarding security, timing, and procedure.

Parties
Claimant: Balfour Beatty Civil Engineering Limited; Claimant: Balfour Beatty Group Limited; Defendant: Astec Projects Limited (in liquidation)
Jurisdiction
England and Wales
Judgment Date
27 February 2020
Procedural Posture
Injunction Application (tcc) / Judgment on Application for Injunction to Restrain Adjudications
Outcome
Injunction refused; adjudications permitted to proceed subject to conditions.
Legal Topics
Adjudication in Construction Contracts, Insolvent Companies and Adjudication, Security for Costs, Jurisdiction of Adjudicators, Enforcement of Adjudication Awards
Construction Law Insolvency Law Civil Procedure Adjudication in Construction Contracts Insolvent Companies and Adjudication Security for Costs Jurisdiction of Adjudicators Enforcement of Adjudication Awards

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Parties

Balfour Beatty Civil Engineering Limited

Claimant

Balfour Beatty Group Limited

Claimant

Astec Projects Limited (in liquidation)

Defendant

Procedural Posture

Injunction Application (tcc) / Judgment on Application for Injunction to Restrain Adjudications

Legal Issues

  1. 1 Whether an injunction should be granted to restrain three adjudications by an insolvent company in liquidation
  2. 2 Whether multiple adjudications under separate contracts preclude the process under insolvency set-off rules
  3. 3 What security for costs and conditions are necessary for adjudications to proceed

Ratio Decidendi

There is no fatal jurisdictional objection to the adjudications proceeding, even though there are three contracts and thus three adjudications, provided that the Meadowside conditions are satisfied, including adequate security for costs. The injunction to restrain the adjudications is refused, subject to conditions regarding security, timing, and procedure.

Court Disposition

Injunction refused; adjudications permitted to proceed subject to conditions.

Orders

  • Notices for the two remaining adjudications to be issued within 21 days.
  • Same adjudicator to be appointed for all three adjudications.