[2024] EWHC 1032 (TCC)

Approbation and reprobation

This point was somewhat faintly argued by Mr Winser KC on behalf of LJJ and did not loom large in his skeleton argument.

It is of course right that the doctrine of election prevents a party from “blowing hot and cold” in relation to an adjudicator’s decision: see, for example, the judgment of Dyson J, as he then was, in Macob Civil Engineering Limited v Morrison Construction Limited (1999) BLR 93 at 99.

However, and contrary to the submissions of LJJ, I do not think that MHL, by proffering (legitimate and minor) corrections of their own in response to the invitation of the Adjudicator, are thereby in some way prevented from relying upon the uncorrected, original Decision for the purposes of enforcement.

Enforcing the Revised Decision

In the light of my conclusions above, this issue does not arise.