LIDL GREAT BRITAIN LTD v CLOSED CIRCUIT COOLING LTD (T/A 3CL)

[2023] EWHC 3051 (TCC), Technology and Construction Court, His Honour Judge Stephen Davies, sitting as a Judge of the High Court, 29 November 2023

Adjudication – Whether claimant entitled to commence a fresh adjudication when it had not paid sum it had been ordered to pay in a previous adjudication between the parties

The claimant, Lidl Great Britain Ltd, sought to enforce the decision of an adjudicator while the defendant, Closed Circuit Cooling Ltd (t/a 3CL), maintained that two adjudication decisions which had been given in the claimant’s favour were unenforceable, because the adjudicator lacked jurisdiction as a result of the claimant’s failure to pay the sum it had been ordered to pay to the defendant by an adjudicator in a prior adjudication between the parties.