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Kort Egan & Adjudication Enforcement (Part 2 of 2)
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In this episode, Guy talks to Kort Egan of Gatehouse Chambers about the enforcement of adjudication decisions. In the second of the two-part episode, we look at settlements - can you enforce a decision after you’ve agreed on a settlement?
The team also look at insolvency and dealing with parties who can’t pay. Also - what about costs? How do courts deal with costs and how to deal with the risks of incurring more costs after an adjudicator has issued their decision? What is an “indemnity basis” in a costs decision.
Furthermore, what if a party throws in additional paperwork and financial evidence at enforcement stage?
The pair discuss 'entities' and technical arguments. How important is the precise and correct naming / identification of the contracting party? Similarly, the correct identification of offer and acceptance and their role in adjudication. Ultimately is it the facts and contracts that are important, not how things look when it comes to identifying the correct party?
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