Adjudication and liquidation: Meadowside vs Hill Street Management Company

By Stuart Thwaites 2019-12-19T06:00:00

Legal director Stuart Thwaites discusses the implications of a new ruling by the Court of Appeal

Earlier this year, the Court of Appeal held that although an adjudicator has jurisdiction to determine an adjudication brought by a company in insolvent liquidation, this would be an “exercise in futility”. That was in Bresco Electrical Services Ltd vs Michael J Lonsdale (Electrical) Ltd. As a result, the court would normally grant an injunction to stop the adjudication. However, the court did say that there could be “exceptional circumstances” to that general rule, such as to allow adjudication and enforcement.

In Meadowside Building Developments Ltd (In Liquidation) vs 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC), the court considered and explained the nature of those exceptional circumstances.

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