Introduction
The TCC has a bespoke and rapid procedure for dealing with adjudication business in section 9 of the TCC Guide. For straightforward enforcement proceedings, a claim under CPR Part 7 remains the correct route.
Lynne McCafferty
In Yuanda (UK) Co. Ltd -v- WW Gear Construction Ltd [2010] EWHC 720 (TCC), Mr Justice Edwards-Stuart has delivered an important new ruling, possibly one of the most significant decisions in construction law of 2010 so far.
The orthodoxy that adjudicators’ decisions are not severable on enforcement was challenged by Mr Justice Akenhead last year in Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC). Akenhead J has taken these principles even further in his decision last month in Bovis Lend Lease Ltd v The Trustees of the London Clinic Ltd [2009] EWHC 69 (TCC). Although the TCC has yet to sever an adjudicator’s decision, this issue is likely to be fertile ground for future challenges.
Pre-Cantillon Orthodoxy: Cannot Sever Good from Bad