ABSTRACT

In adjudication, each side bears its own costs unless the parties agree otherwise. Obtaining an adjudication award which is not capable of being enforced is expensive. Some grounds to challenge a decision arise only from the conduct of the adjudication or from the decision, and can only really be dealt with by the Courts following the issue of the award. The much more usual time for the Technology and Construction Court (TCC) Judges to become involved in adjudication is when the successful party seeks to enforce the Award. The TCC endeavours to list such a hearing within one month of the date of the issue of the Claim Form. It is rare for the hearings to involve any oral evidence, and usually the matter will be determined on the basis of argument and submission, with judgment given immediately after the hearing or, if reserved, a few days later.