[2024] EWHC 1032 (TCC)

For these reasons, I have concluded that MHL are entitled to summary judgment to enforce the Decision of the Adjudicator dated 31st October 2023, in the sum of £808,000.

As was observed by Mr ter Haar KC in paragraph 35 of the judgment in Axis, “it is clear from the authorities that I should start from the position that decisions of adjudicators are to be enforced save in very exceptional cases”. In this case, the Decision required LJJ to pay £808,000 to MHL within seven days and this court should give effect to that determination.

Of course – and I make no observations about this – it may be that LJJ are right to say that they have already “allowed” this sum in favour of MHL. But that is a matter which can be pursued through the mechanism of the Sub-Contract or arbitration or further adjudications. It is not a ground for resisting the enforcement of Adjudication 5.

I invite Counsel, for whose helpful submissions I am much indebted, to seek to agree any consequential matters, failing which a short remote hearing will be convened.