Will the floodgates now be opened for insolvent parties to adjudicate without fear of injunction on the grounds of their financial position?
Asked 8 months ago2020-06-17 20:37:00
This Supreme Court decision in Bresco and Londsdale may have resolved the incompatibility between a party's right to adjudicate and the insolvency set-off rules. Do you agree it is likely that many insolvent organisations who might otherwise not have commenced adjudications will now be in a position of having little to lose and may readily decide to roll the dice and adjudicate? What part will the ambulance chasing, dispute funding no win no fee claims solicitors play in this?