Whilst adjudication is considered an effective mechanism for resolving construction disputes, providing a temporarily binding determination in a fraction of the time usually afforded to legal disputes, its effectiveness is ultimately dependent on the successful party’s ability to enforce the decision.

The Housing Grants, Construction and Regeneration Act 1996 (as amended) (the Construction Act) provides that an adjudicator’s decision is binding “unless and until” the dispute is finally determined, either by litigation, arbitration or agreement, reflecting the fundamental principle of adjudication of “pay now, argue later“. However, the Construction Act is otherwise silent on enforcement, providing no clear relief to successful parties faced with the non-compliance of losing parties.

The Technology and Construction Division of the Business and Property Courts (TCC) has, on a case-by-case basis, developed a procedure for addressing enforcement proceedings. This procedure is now set out in section 9 of the TCC guide.

The TCC’s approach

The circumstances in which the TCC will interfere with an adjudicator’s decision are incredibly limited.

The adjudication process is designed with speed in mind and so it is accepted that decisions may be “rough and ready”. In recognition of this, the court takes a robust approach to upholding the authority of adjudicators and enforcing decisions. Small procedural slips or errors of fact and law will not undermine a decision, and the TCC will only intervene where the adjudicator lacked jurisdiction or materially breached the rules of natural justice.

There are two routes a successful party can take to enforcement, known as Part 7 or Part 8 proceedings (so called in reference to the applicable section of the Civil Procedure Rules (CPR)).

CPR Part 7 proceedings

Enforcement proceedings will usually involve a request for monetary judgment. They are most commonly brought when the losing party has failed to pay the sum the adjudicator has awarded.

In these circumstances and, in circumstances where there is a substantial dispute of facts, Civil Procedure Rule (CPR) Part 7 proceedings will be appropriate.

Part 8 proceedings

On occasion however, enforcement proceedings will raise a question which is a) unlikely to involve a substantial dispute of fact and b) does not involve a monetary judgment. In these circumstances, CPR Part 8 proceedings may be used instead.

We discussed Part 8 Proceedings, what they are and when they can be useful, in our November 2025 edition of Adjudication Matters.

The Part 7 procedure

There is a special procedure for Part 7 adjudication enforcement proceedings, which is set out in section 9 of the TCC Guide. We summarise this special procedure below.

Where adjudication enforcement proceedings are being issued there is no need to comply with the Pre-action Protocol for Construction and Engineering Disputes.

The claim:

The party wishing to enforce the adjudicator’s decision (the Claimant) issues a claim form. The claim form must identify:

• The construction contract
• The jurisdiction of the adjudicator
• The procedural rules under which the adjudication was conducted
• The decision reached
• The relief sought and the grounds for seeking the relief

The claim form should be accompanied by an application for summary judgment and a witness statement(or statements) setting out the evidence relied upon in support of the enforcement.

The application for summary judgment should request:

• An abridged period of time in which the other party (the Defendant) is to file an acknowledgement of service
• The time for service by the Defendant of any witness statement in opposition to relief being sought
• An early return date for hearing of the summary judgment application, and a note of the time required or allowed for that hearing
• Identification of the judgment, order or other relief being sought at the hearing

An example of what the above directions is included in the TCC Guide.

Directions:

When the claim form and application is lodged at the court, the TCC will aim to provide directions within 3 working days..

Previously, the TCC aimed to list hearings within 28 days of the application however, due to increased demand, hearings will now usually be listed within 6-8 weeks of the directions order being made. Often a quicker hearing date can be secured if the Claimant issues the proceedings in a regional District Registry of the TCC[1].

The order made will set out the time for service by the Defendant of an acknowledgement of service and any witness statements in opposition to the relief sought.  If the Defendant fails to acknowledge service as required the Claimant may apply for default judgment, allowing the court to enforce the adjudicator’s decision even more swiftly.

The hearing:

Usually the enforcement will be heard in a half day hearing. This is often conducted remotely.

Only in rare circumstances will the TCC revisit the merits of the adjudicator’s reasoning. Where the adjudicator has made an error of fact or law or there is a minor procedural irregularity this will not usually justify refusing enforcement.

Where a Defendant is unable to demonstrate the adjudicator lacked jurisdiction, or materially breached the rules of natural justice, the TCC will enforce the decision of the adjudicator and order compliance.

Key takeaways

The structure and speed of the TCC’s enforcement procedure safeguards the purpose of adjudication, offering a clear, reliable and efficient mechanism for enforcing adjudicators’ decisions.

How we can support you

Our Construction & Engineering team can support you at every stage of the adjudication enforcement process, whether you’re bringing enforcement proceedings or defending them.

We can offer early advice on the strength of any potential jurisdictional or natural justice challenges, helping you make informed decisions before costs escalate.

Whether you’re seeking to enforce an award swiftly or defending an enforcement action, we offer clear, practical guidance and robust representation to secure the best possible outcome.

[1] There are Regional District Registries in Leeds, Liverpool, Cardiff, Manchester, Birmingham, Bristol, and Newcastle