Enforcement Hearing

The Enforcement Hearing in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]Where there is any dispute to be resolved at the hearing, the judge should be provided with copies of the relevant sections of the Housing Grants, Construction and Regeneration Act 1996, the adjudication procedural rules under which the adjudication was conducted, the adjudicator’s decision and copies of any adjudication provisions in the contract underlying the adjudication. Subject to any more specific directions given by the court, the parties should lodge, by 4.00 pm one clear working day before the hearing, a bundle containing the documents that will be required at the hearing. The parties should also file and serve short skeleton arguments and copies of any authorities which are to be relied on (preferably as an agreed joint bundle), summarising their respective contentions as to why the adjudicator’s decision is or is not enforceable or as to any other relief being sought. For a hearing that is expected to last half a day or less, the skeletons should be provided no later than 1 pm on the last working day before the hearing. For a hearing that is estimated to last more than half a day, the skeletons should be provided no later than 4 pm one clear working day before the hearing. The parties should be ready to address the Technology and Construction Court on the limited grounds on which a defendant may resist an application seeking to enforce an adjudicator’s decision or on which a court may provide any other relief to any party in relation to an adjudication or an adjudicator’s decision.