Sir Antony Edwards-Stuart, chair of the UK Technology & Construction Court outlined the UK Courts robust approach to adjudication enforcement today to the Adjudication Society of Ireland in Croke Park.
In summary he said:
* 35 enforcement applications before the TCC year to date = 2 a week.
* Summary judgment application before TCC to enforce an adjudication decision
* TCC gives Directions within 48 hrs of receipt of an application including fixing of hearing date within 30 days.
* Effect of issuing directions leads to 66%
of enforcement actions being settled
* Hearings listed for half day.
* 85% of enforcement applications enforced by TCC
* 4-6 weeks between application and enforcement
* Claim form = breach of contract + abridging time + permission to apply for summary judgment in amount ordered by adjudicator + affidavit/witness statement.
English Courts take robust approach to Adjudication enforcement. There is real concern in the construction industry that the Irish Courts have no dedicated judge or fast track system in place. They have until the 25 July to get this sorted. What is the point in having rapid adjudication but slow enforcement?
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