Case No. HT-08-331

[1940] AC 412 the House of Lords held that the doctrine did not prevent a party from receiving benefits under an award and seeking to appeal the award to obtain greater benefits. Lord Atkin said at 429:“In this country, I do not think it expresses any formal legal concept. I regard it as a descriptive phrase equivalent to, 'Blowing hot and cold'. I find great difficulty in placing such phrases in any legal category, though they may be applied correctly in defining what is meant by election, whether at common law or in equity. In cases where the doctrine does apply, the person concerned has the choice of two rights, either of which he is at liberty to adopt but not both. Where the doctrine does apply, if the person to whom the choice belongs irrecoverably and with knowledge adopts the one, he cannot afterwards assert the other. Election between the liability of principal and agent is perhaps the most usual instance in common law.”23.In the context of adjudication claims, the principle has, in particular, been relied on in two decisions. In