Jurisdiction(s):
United Kingdom

High Court (England and Wales, TCC) confirms assignees’ right to adjudicate under JCT Minor Works 2016 and the Scheme (Paragon Group Ltd v FK Facades Ltd)

Published on: 29 January 2026

Published by a LexisNexis Construction expert

Legal News

Article summary

Paragon Group Ltd v FK Facades Ltd [2026] EWHC 78 (TCC) What are the practical implications of this case?

Until this decision, there was no clear authority addressing whether the assignee of the benefit of a building contract enjoys a right to commence adjudication. That absence sat uneasily with long-standing industry practice, under which assignees have commonly proceeded on the footing that the entitlement to adjudicate could be relied upon. Earlier authorities contained inconsistent dicta: in some, the court moved forward on the basis that a right to adjudicate might validly be assigned (see, for example, Enterprise Managed Services Ltd v Tony McFadden Utilities Ltd); in others, the court offered obiter remarks suggesting the point was not entirely simple (see, for example, Westdawn Refurbishments Ltd v Roselodge Ltd (unreported, 2006)). None of those decisions, however, culminated in a binding ruling on this significant issue. This judgment now brings welcome and authoritative certainty from the Technology and Construction Court, confirming that an assignee of the benefit of a building contract can possess the right to refer a dispute to adjudication. Accordingly, the prior uncertainty—rooted in practice and assumption rather than any binding determination—has now been resolved by a clear TCC ruling...

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