More positive changes on adjudication enforcement

Astec Projects

Balfour Beatty Civil Engineering Limited and Balfour Beatty Group Limited v Astec Projects Limited (in liquidation) [2020] EWHC 796

What we did

This was the first time a court accepted that the “net position” between two parties after liquidation could be decided by multiple adjudications.

The outcome

Waksman J found in favour of Astec Projects, and declined to issue an injunction in favour of Balfour Beatty. Part of the decision in Astec Projects will effectively now have been overturned by the Supreme Court decision in Bresco. However, one of the key parts of the decision approved Pythagoras’ proposal on enforcement. The court agreed that there could be a short window after a successful adjudication decision, for Balfour Beatty to issue court proceedings to overturn the decision. If they failed to do so within that window, Astec would be permitted to enforce the adjudication decision.

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Jennifer Guthrie