Jurisdiction(s):
United Kingdom

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Key definition

Availability definition

What does Availability mean? In asset-based lending, availability is the borrowing headroom a borrower can draw at a given time, calculated by reference to the agreed borrowing base. It is a commercial term used in ABL facility agreements rather than a concept defined by legislation or case law in England & Wales, Scotland, Northern Ireland or Ireland. Availability typically equals the sum of advance rates applied to eligible asset classes (commonly receivables and inventory/stock, and sometimes plant and machinery or real estate components) less agreed reserves and less current utilisation, and is always capped by the facility limit. It is affected by eligibility criteria,...

Declaratory relief under CPR Part 8 in construction adjudication: TCC guidance, suitability tests, and strategies before, during and after adjudication, including interaction with enforcement

Published by a LexisNexis Construction expert

Practice notes

This Practice Note explores the scope and application of declarations pursuant to CPR 8 within the context of adjudication proceedings. It addresses the different points at which such relief might be pursued—prior to commencement of an adjudication, whilst one is ongoing, and following delivery of an adjudication decision.

For general guidance on Part 8 claims, refer to Practice Note: CPR Part 8 claims (alternative procedure for claims).

Why are Part 8 proceedings used?

In relation to adjudication proceedings, declarations under CPR Part 8 are typically sought to:

obtain clarification before or during the adjudication—eg to resolve a potential breach of Natural justice or a jurisdictional challenge;
secure final determination on a point, the effect of which is to trump the adjudication decision (see, for example, Leeds City Council v Waco)

The latter route is considerably more prevalent because it is usually not possible to stave off Enforcement of an adjudication decision merely by asserting that it is incorrect. A declaration may therefore operate as an indirect means of resisting enforcement, since the adjudication decision is binding only unless and until the matter is finally determined by the court...

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Web page updated on 29/05/2026

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