Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Adjudicator definition

What does Adjudicator mean? An adjudicator is the neutral decision-maker appointed to determine a dispute by adjudication, usually on a fast‑track, documents‑based basis. In construction disputes the role is created by statute (England & Wales: Housing Grants, Construction and Regeneration Act 1996; Scotland: Construction Contracts (Scotland) Act 1997; Northern Ireland: Construction Contracts (Northern Ireland) Order 1997; Ireland: Construction Contracts Act 2013), with procedural detail supplied by the contract or the relevant Scheme for Construction Contracts. parties appoint an adjudicator directly or through a nominating body (e.g. RICS, CIArb). The adjudicator must act impartially, observe natural justice, address jurisdictional objections, and deliver a reasoned...

HGCRA 1996 adjudication: enforcing decisions in the Technology and Construction Court—Part 7/CPR 24, default and injunctions, costs, and intra‑UK/international jurisdiction and foreign law

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Practice notes

This Practice Note examines the most common route to enforcing an Adjudication decision—issuing a Part 7 claim with an application for summary judgment in the TCC, as set out in section 9 of the TCC Guide. It also addresses the scope to secure Enforcement by seeking a mandatory injunction, in appropriate cases, and the impact of a clause conferring foreign jurisdiction on adjudication enforcement proceedings. Although a Part 7 claim is the usual, and preferred, route to enforce an Adjudicator’s decision, there are some infrequently used alternative avenues available. Parties may make an application to the TCC for declaratory relief under CPR Part 8 where a significant dispute of fact is improbable and no money judgment is pursued—see Practice Note: Adjudication and Part 8 proceedings. In certain cases it might be feasible to rely on insolvency proceedings to secure compliance with an adjudicator’s decision—see Practice Note: Adjudication enforcement—use of insolvency proceedings.

Why enforcement is necessary

Under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), a valid adjudicator’s decision is binding and capable of enforcement unless and until the dispute is finally determined (see Practice Note: Adjudication decision). However, such a decision does not amount to a judgment, so, ...

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Web page updated on 21/05/2026

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