Review of Coulson J’s decision in Hutton for Practical Law
Helena White talks about the implications of Coulson J's decision in Hutton v Wilson for defendants who are dissatisfied with an adjudicator's decision and want to resist enforcement by raising substantive issues.
This 15-minute video is comprised of the following chapters:
- The facts of the Hutton case
- Alternative ways to contest an adjudication enforcement
- Coulson J's decision in Hutton
- Coulson J's test for deciding if a Part 8 claim can be heard
- The meaning of 'unconscionability'
- The decision's impact on subsequent cases
- Practical tips
Case references:
- Hutton Construction Ltd v Wilson Properties (London) Ltd [2017] EWHC 517 (TCC)
- Caledonian Modular Ltd v Mar City Developments Ltd [2015] EWHC 1855 (TCC)
- Macob Civil Engineering Ltd v Morrison Construction Ltd [1999] C.L.C. 739
- Geoffrey Osborne Ltd v Atkins Rail Ltd [2009] EWHC 2425 (TCC)
- Kersfield Developments (Bridge Road) Ltd v Bray & Slaughter Ltd [2017] EWHC 15 (TCC)
- Structure Consulting Ltd v Maroush Food Production Ltd [2017] EWHC 962 (TCC)
- Willott Partnership Homes Ltd v Bethel Retirement Villages-Herne Bay Court Ltd (unreported), 10 April 2017, (TCC)
Please visit the Practical Law website to view the full video.
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