Key Adjudication Cases of 2021
In this publication, we review the top 10 key cases of the year and provide commentary on why the outcomes are important
Missed the other case updates we have published throughout the year?
Here are quick links to each of them: Part 1 of 2021 / Part 2 of 2021 / Part 3 of 2021 / Part 4 of 2021 / Part 5 of 2021
Key Adjudication Cases of 2021
This document is available to be read on full screen or alternatively can be downloaded or printed using the icons at the bottom of the publication. To go directly to each of the cases click the case names linked below.
Case 1: Contractual requirement to adjudicate not a fetter on the statutory right
The Fraserburgh Harbour Commissioners v McLaughlin & Harvey Ltd [2021] CSIH 58 (6 October 2021)
Case 2: Jurisdiction overlapping with substantive issues
Ex Novo Ltd v MPS Housing Ltd [2020] EWHC 3804 (TCC) (17 December 2020) HHJ Eyre QC
Case 3: Jurisdiction – Excess of and failure to exhaust – reservation of position
Hochtief Solutions AG and others v Maspero Elevatori S.p.A. [2021] CSIH 19 (15 February 2021) (Lord President, Lord Menzies, Lord Woolman)
Case 4: Jurisdiction – Adjudicator’s powers under NEC3 Option W1.3(5) – Waiver following decision
Croda Europe Ltd v Optimus Services Ltd [2021] EWHC 332 (TCC) (19 February 2021) HHJ Roger ter Haar QC
Case 5: Jurisdiction – dispute arising under separate contracts
Delta Fabrication & Glazing Ltd v Watkins Jones & Son Ltd [2021] EWHC 1034 (TCC) HHJ Sarah Watson
Case 6: Jurisdiction – timing of service of adjudication notice
C Spencer Ltd v MW Tech Projects UK Ltd [2021] EWHC 1284 (TCC) Waksman J
Case 7: Injunction to restrain adjudication
Marbank Construction Ltd v G&D Brickwork Contractors Ltd [2021] EWHC 1985 (TCC) 28 June 2021 O’Farrell J
Case 8: Right to Adjudicate – whether collateral warranty is construction contract
Toppan Holdings Ltd and Abbey Health Care (Mill Hill) Ltd v Simply Construct (UK) LLP [2021] EWHC 2110 (TCC) 27 July 2021 Martin Bowdery QC
Case 9: Set off – failure to consider defence – validity of payment notice – severance
Downs Road Developments LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) 7 September 2021 (HHJ Eyre QC)
Case 10: Dispute – meaning – sum due on three payment application was a single dispute
Quadro Service Ltd v Creagh Concrete Products Ltd [2021] EWHC 2589 (Ch) 19 Aug 2021 (HHJ Sarah Watson QC)