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Merits now relevant in applications to stay adjudication decisions 23/05/2024 A recent decision from Northern Ireland has proposed a change in the law concerning stays of execution in relation to adjudication decisions by permitting a limited merits-based review as part of the discretion to grant a stay. The judgment proposes a merits-based... Read more Authors Conor Rodgers Associate London Aidan Steensma Of Counsel London Mark Breslin Partner London
A recent decision from Northern Ireland has proposed a change in the law concerning stays of execution in relation to adjudication decisions by permitting a limited merits-based review as part of the discretion to grant a stay. The judgment proposes a merits-based review, firstly, as a threshold requirement for the granting of a stay and, secondly, so that any “clear views” of the merits can be weighed generally in the court’s discretion.
A series of recent TCC decisions has brought significant clarity to the interaction between “smash and grab” and “true value” adjudications. It is now clear that valid “smash and grab” arguments will prevent the commencement of a “true value” adjudication as a matter of jurisdiction, not mere discretion. This strict approach has the potential to give rise to injustice where very large “smash and grab” awards are made and it remains to be seen whether exceptions will be made in extreme cases.
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