The recent Technology and Construction Court (TCC) case of LJR Interiors Ltd vs Cooper Construction Ltd [2023] EWHC 3339 (TCC) considered the longstanding debate over whether and how the Limitation Act 1980 applies to adjudication proceedings. The debate stems from the fact that the definition of “action” in the Limitation Act only refers to court proceedings and that the Arbitration Act 1996 specifically provides that the act applies to arbitration proceedings. The court (His Honour Judge Jonathan Russen KC) concluded that the Limitation Act does apply to adjudication proceedings and that in simple cases a limitation defence may also be raised via a Part 8 claim to defend enforcement proceedings.

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