TCC adjudication enforcement success for Adam Beaumont

January 29, 2025

Adam Beaumont was instructed in the case of Bon Groundworks Limited v Project Beckenham Limited, heard in the High Court in Leeds (TCC). The case concerned the enforcement of an adjudicator’s decision following the issuing of an application for payment and the failure by the contractor to issue either a payment notice or payless notice.

Despite the Defendant deploying various arguments to resist enforcement, HHJ Kelly, sitting at a Judge of the High Court, rejected all of the arguments and enforced the decision. In doing so, the Court followed the decision in Bexheat Ltd v Essex Services Group Ltd [2022] EWHC 936 (TCC) with regards to the application of the payment provisions under the Scheme, Balfour Beatty Construction v Modus Corovest (Blackpool) Ltd [2008] EWHC 3029 (TCC) in respect of natural justice and accounting for each element of a party’s defence, and Pilon Limited v Breyer Group PLC [2010] EWHC 837 (TCC) in respect of ignoring a party’s defence.

The case is another reminder of the robust approach the Courts will take when faced with applications to enforce adjudication awards, and the limited defences that can be deployed to resist enforcement.

Adam was instructed by Stephen Radcliffe, Victoria Chatterton and Sam Slater at Ward Hadaway LLP.