Ep.3: Payment notices, natural justice and severance

In the third The Construction Briefing podcast, Michelle Rousell and Yassir Mahmood of Practical Law Construction take September's monthly bulletin and highlight some of the issues arising from two judgments, Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) and CC Construction Ltd v Mincione [2021] EWHC 2502 (TCC). In both instances, HHJ Eyre QC held there was a material breach of the rules of natural justice by the adjudicator. However, in one instance the judge refused to sever the decision, in the other he held he could (there was a "core nucleus ... that can be safely enforced"). He also declared that the employer's payment notice valuing the interim application at £1 was invalid. Although both judgments cover similar issues, they also highlight how complex adjudication enforcement is, and how parties may experience different outcomes even when the facts and arguments seem similar.

For further information on any of the topics discussed in this episode, visit https://uk.practicallaw.thomsonreuters.com/w-032-5727