THE CONSTRUCTION GROUP CENTRE LIMITED v THE HIGHLAND COUNCIL

[2002] BLR 476

OUTER HOUSE SCOTTISH COURT OF SESSION

Before Lord MacFadyen

Adjudication - Nature of Adjudicator’s award - Whether appropriate to grant summary decree - Whether Defender entitled to rely upon claim for liquidated and ascertained damages to resist summary decree - Whether Defender entitled to raise, and whether it should have raised, claim before Adjudicator - Whether needed to serve notice of intention to withhold - Effect of notice of intention to withhold served after Adjudicator’s award