Adjudication and Part 8 proceedings


Produced in partnership with 4 Pump Court
Practice notes

Adjudication and Part 8 proceedings


Produced in partnership with 4 Pump Court

Practice notes
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This Practice Note considers the Availability and use of declarations under CPR 8 in relation to adjudication proceedings. It looks at the various stages at which a declaration may be sought—before an adjudication has been commenced, while one is on foot and after an adjudication decision has been given.

For general guidance on Part 8 claims, see Practice Note: CPR Part 8 claims (alternative procedure for claims).

Why are Part 8 proceedings used?

In respect of adjudication proceedings, declarations under CPR Part 8 are generally sought in order to:

  1. •

    clarify matters before or during the adjudication—eg to determine a potential breach of Natural justice or jurisdictional challenge, or

  2. •

    obtain final determination on a point, the effect of which is to trump the adjudication decision (see, for example, Leeds City Council v Waco)

The latter situation is far more common because it is not generally possible to prevent Enforcement of an adjudication decision by alleging that it is wrong. A declaration can be a means of indirectly resisting the enforcement of the adjudication decision,

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Availability definition
What does Availability mean?

A calculation of the maximum advance that an asset-based lender is prepared to make against a particular asset class at any time.

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