Stay not granted in favour of adjudication

Lancashire Schools SPC Phase 2 Ltd (formerly Catalyst Education (Lancashire) Phase 2 Ltd) v Lendlease Construction (Europe) Ltd (formerly Bovis Lend Lease Ltd) and Others [2024] EWHC 37 (TCC)

In Lancashire Schools SPC Phase 2 Ltd (formerly Catalyst Education (Lancashire) Phase 2 Ltd) v (1) Lendlease Construction (Europe) Ltd (formerly Bovis Lend Lease Ltd), (2) Lendlease Construction Holdings (Europe) Ltd (formerly Bovis Lend Lease Holdings Ltd), (3) Equans Buildings Ltd (formerly Vita Lend Lease Ltd) and (4) Lancashire County Council [2024] EWHC 37 (TCC); [2024] BLR 92, Mr Alexander Nissen KC, sitting as a Judge of the High Court, held that adjudication was a condition precedent to the commencement of litigation in respect of any dispute arising in relation to any aspect of the contract between the parties. However, he declined to enforce the provision because he concluded that, in the context of what was essentially a multi-party dispute, adjudication between two of the parties (when the others had commenced litigation and shown no interest in adjudication) was likely to achieve little, might delay the resolution of the litigation and potentially impede any mediation attempts. He therefore declined to stay the claim brought by the claimant, although the fourth defendant remained free to commence its own adjudication should it wish to do so.