Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Enforcement definition

What does Enforcement mean? Enforcement is the practical process of making a court order, judgment, decree or arbitral award take effect when the party bound has not complied by the deadline. It involves applying for, and using, court-sanctioned measures to secure compliance or recover sums due, including where permission is required. The term is descriptive rather than a single statutory definition; the available remedies depend on the jurisdiction and the nature of the order. England and Wales: governed mainly by CPR Parts 70–73, including writ/warrant of control, third party debt orders, charging orders (and orders for sale), attachment of earnings, possession and delivery up, appointment...

Severance in construction adjudication: enforcing valid parts despite jurisdictional or natural justice defects—key authorities and principles

Published by a LexisNexis Construction expert

Practice notes

The question of severance typically emerges on an enforcement application where the court has accepted a jurisdictional challenge or found a breach of the rules of natural justice, but only in relation to part of the adjudicator’s decision. The issue, therefore, is whether discrete elements of the adjudicator’s decision can be severed and enforced, even if other elements were reached without jurisdiction or in breach of natural justice. Severance may likewise surface where the court has concluded (eg in Part 8 proceedings) that the adjudicator’s reasoning on a particular point was flawed (see, for instance, Willow Corp v MTD Contractors). For general guidance on breaches of natural justice, the grounds for jurisdictional challenges, and Part 8 proceedings, see Practice Notes: Breach of natural justice in adjudication, Grounds for a jurisdictional challenge in an adjudication and Adjudication and Part 8 proceedings.

Cantillon v Urvasco

Guidance on the power to sever a decision was indicated by the court, on an obiter basis, in Cantillon v Urvasco. In that matter, the adjudicator was permitted to deal with more than one dispute in the same reference. A challenge to the decision in its entirety was advanced on the footing that the...

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Web page updated on 21/05/2026

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