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England and Wales decisions
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Darchem was not a Party as defined by the Subcontract and could not unilaterally commence adjudication proceedings; the Subcontract contemplated only the JV as a Party, not its constituent entities.
Source excerpt
United Utilities Water Ltd v Northstone (NI) Ltd (t/a Farrans Construction) [2026] EWHC 1057 (TCC) (06 May 2026)
The court granted summary judgment enforcing an adjudication award, holding Farrans’ Part 8 challenge to a payment notice and payless notice issue was not fit for determination on the papers.
The court granted summary judgment enforcing an adjudication award for United Utilities and held Farrans’ Part 8 challenge unsuitable for determination on the available evidence.
The Court of Appeal upheld a ruling that the respondents had a realistic prospect of relying on the residential occupier exception and that a disputed letter was a valid payless notice.
Crest Nicholson Regeneration Ltd & Ors v Ardmore Construction Ltd & Ors [2026] EWHC 789 (TCC) (01 April 2026)
The High Court considered anticipatory building liability orders against Ardmore group companies and an order linked to an adjudicator’s decision.
The High Court granted anticipatory and adjudication-based Building Liability Orders against the Ardmore group in a Building Safety Act dispute.
The TCC enforced an adjudication in part, holding the payment notice invalid but the pay less notice valid, and refusing a stay despite insolvency concerns.
Laing O'Rourke Delivery Ltd v Shepperton Studios Ltd [2026] EWHC 612 (TCC) (16 March 2026)
The court enforced an adjudication decision in part, held the payment notice invalid, upheld the pay less notice, rejected set-off based on other adjudications, and granted no stay.
Darchem Engineering Ltd v Bouygues Travaux Publics & Anor [2026] EWHC 220 (TCC) (06 February 2026)
The High Court refused to enforce an adjudicator’s decision, holding that Darchem was not a contractual “Party” and could not start adjudication alone.
High Tech Construction Ltd v WLP Trading and Marketing Ltd [2026] EWHC 152 (TCC) (30 January 2026)
The High Court refused summary enforcement of an adjudicator’s decision where WLP had a real prospect of proving the alleged JCT contract never existed and fraud was in issue.
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