Legal: When is fraud relevant?

By Tony Bingham2019-06-11T05:00:00

Fraud can be raised as a defence in adjudication case or to avoid an enforcement, but it must be strictly relevant

Fraud can land the perpetrator in the Old Bailey, and in the nick. The victim can then applaud, clap, cheer – but how do they get their money back? Ah, well, that’s a civil claim; the state prosecutes the criminal fraud, but the victim sues on the civil fraud.

Can the victim use Construction Act adjudication to do this? Yes, if the events arise out of a construction contract. So a QS adjudicator appointed by the RICS can decide fraud. And the decision of a QS adjudicator in a fraud case will subsequently be enforced by the High Court. There is a chance, though, that the High Court will refuse to enforce an adjudicator’s award in a non-fraud case if the adjudicator was deceived by fraud.

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