Catherine Piercy succeeds in the TCC

08 Mar 2013

Catherine Piercy successfully enforced an adjudicators decision in the TCC in the first trial of an adjudication enforcement.  

Catherine is instructed by SGH Martineau to enforce an adjudicator’s award entitling Westfields Construction Limited to payment for works carried out at Clive Lewis’s Property. Lewis attempted to rely on the residential occupier exception to avoid enforcement. Mr. Justice Coulson clarified the meaning of the residential occupier exception, accepting that “occupation” could not be judged at a snapshot in time for the purpose of section 106 of the Housing Grants Construction and Regeneration Act 1996.  He also questioned whether the exception was, in fact, still necessary, suggesting that this and other exceptions to statutory adjudication should be “done away with”.

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