Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25

In this article, James Vernon and Charlotte Gooch discuss the much-anticipated Supreme Court decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020], which has been handed down.

After the Court of Appeal decision in Bresco and subsequent decisions, adjudication by an insolvent company was not impossible, but it was certainly not available by default. The Supreme Court judgment in Bresco has removed those restrictions and undoubtedly, opened the door for many more adjudications to follow by insolvency practitioners in the name of insolvent construction companies.