The enforceability of an adjudicator’s decision can be challenged in the enforcement action itself, by defending the summary judgment application made by the claimant. For example, if the adjudicator lacked jurisdiction to decide the dispute referred to him, the defending party can put forward this argument in defence of the enforcement proceedings commenced by the successful party.
The Technology and Construction Court Guide (TCC Guide) also provides for the use of Part 8 Proceedings to challenge the validity of an adjudicator’s decision where the adjudicator has made clear error.
The Part 8 procedure may be used by the unsuccessful party if:
- there is a short self contained issue
- the issue requires no oral evidence
- the issue is one which it would be unconscionable to ignore if there were a summary judgment application
The outcome of a Part 8 claim, if successful, would be a finding from the court which supersedes (and potentially overrides) the adjudicator’s decision.
