Insolvency and adjudication – an exercise in futility?February 2019
A recent decision by the Court of Appeal on two first instance decisions has confirmed whether companies in liquidation or in a Company Voluntary Arrangement (“CVA”) can commence adjudication proceedings. The judgment also provides clear guidance on challenges to an adjudicator’s jurisdiction, which is of importance to all involved in adjudications.
In this article, James Vernon, Michael O’Brien and Priya Thakrar comment on the cases of Bresco Electrical Services Limited (in liquidation) v Michael J Lonsdale (Electrical) Limited and Cannon Corporate Limited v Primus Build Limited and explain each angle of the Court of Appeal’s decision in this complicated area.
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