Construction Law Journal: Construction Act Review

Peter Sheridan’s recent article ‘Insolvency and Adjudication: Liquidation’ is published in the Construction Law Journal Vol 36 Issue 6 2020.

This article is concerned with the legal considerations where a company in liquidation seeks to refer a dispute to adjudication. That involves a consideration of cases prior to the Bresco decision, the Bresco decision at first instance and in the Court of Appeal, the cases at first
instance following Bresco in the Court of Appeal and finally Bresco in the Supreme Court, decided in June 2020.

The Insolvency Rules (IR) 2016 provide for the taking of an account of the parties’ mutual dealings and arriving at a balance one way or the other under IR 14.25. In the pre-2016 cases, the applicable rule (with the same effect) was rule 4.90. This regime is referred to in this article as “insolvency set-off”.

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A copy of the article can be downloaded here.