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Dearbhaile O’Brien

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Adjudication Update: High Court in Ireland grants another Enforcement Application

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By Niav O'Higgins, Karen Killoran, Niamh McGovern, Maeve Crockett, Shane O’Neill, Ciara Dooley, Fiona Egan, Dearbhaile O’Brien, Thompson Barry Doherty, Gillian Carragher, Sarah Galvin, Katrina Donnelly, Faviola Martinez Figueroa
| Lexology Verified
The Court has again given support to adjudication by granting leave to enforce an adjudication decision in McGill Construction Ltd (“referring party”) v Blue Whisp Ltd (“respondent”) [2024] IEHC 205, rejecting four grounds of opposition.
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Construction Law Update: Judicial Review should not halt an Adjudication Process

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By Niav O'Higgins, Karen Killoran, Niamh McGovern, Maeve Crockett, Shane O'Neill Verified, Ciara Dooley, Fiona Egan, Brian Joseph Gillespie, Sinead Flanagan, Dearbhaile O’Brien, Thompson Barry Doherty, Gillian Carragher, Sarah Galvin, Aedín McHugh, Hugh O’reilly, Katrina Donnelly
| Lexology Verified
The High Court in Ireland has given guidance on how applications to judicially review the decision of an adjudicator, while the adjudication process is ongoing, will be treated. In K&J Townmore Construction Ltd v Damien Keogh and Deslend (Mechanical) Ltd t/a Cobec Engineering Group [2023] IEHC 509, an adjudicator was appointed to resolve a payment dispute under a sub-contract between the contractor and sub-contractor.
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Construction Law Update: Irish Court comments on the Adjudicator’s Role

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By Niav O'Higgins, Karen Killoran, Niamh McGovern, Maeve Crockett, Shane O'Neill Verified, Ciara Dooley, Fiona Egan, Brian Joseph Gillespie, Sinead Flanagan, Sarah Galvin, Aedín McHugh, Hugh O’reilly, Katrina Donnelly, Dearbhaile O’Brien, Gillian Carragher
| Lexology Verified
In the latest judgment enforcing adjudication decisions, the High Court emphasised that it is not its role to “be drawn into a detailed examination of the underlying merits of the adjudicator’s decision under the guise of identifying a breach of fair procedures ”. The Court again also reminded practitioners to be alert to differences between the Irish and UK statutory schemes.
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