It is now 10 years since Parliament enacted the Housing Grants Construction and Regeneration Act 1996 (“the Act”) to set up a statutory framework for deciding construction industry disputes using a system of “rough justice”. Since the milestone case of Macob v Morrison a decision is binding in the interim and enforceable via summary judgment. Many decisions have since been resisted on jurisdictional and procedural grounds.
Frank Rayner
For the first part of this article, please see the July edition of the Newsletter.
Is an adjudicator’s decision issued after the Scottish Scheme’s 28 day time limit enforceable if no extension had been granted before the 28th day?
The Case: Ritchie Brothers (PWC) Ltd v David Philp (Commercials) Ltd17.
The judges: Lord Gill LJC, Lord Abernathy, Lord Nimmo Smith
This Scottish case concerned the enforcement of an adjudicator’s decision.