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Legal News

'Surmise and micawberism'—court rejects jurisdictional and natural justice challenges to adjudication enforcement (LAPP Industries v 1st Formations)

Published on: 23 April 2025

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Did the parties enter multiple contracts?
  • Was the adjudicator in breach of the rules of natural justice?
  • Case details

Article summary

Construction analysis: The Technology and Construction Court (TCC) rejected a set of jurisdictional and natural justice challenges to an adjudicator's decision, emphasising that such challenges will succeed in only the plainest cases. Among other points, the court found that where a matter relevant to the adjudicator's jurisdiction necessarily 'overlapped' with the adjudicator's decision on the substantive issues, that matter could not be considered at the enforcement stage.

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