Enforce It - no win no fee adjudication enforcement
Enforce IT
Adjudication is now a well established way of resolving
construction disputes quickly and relatively inexpensively.
However, once you obtain your
decision, and the other side refuses to comply with it, what
happens next? Whilst the decision may involve technical
matters, it often involves a payment from one party to
another. Whilst the courts have made it clear that as a rule
adjudicators' decisions should be complied with, a body of law has
developed around this issue. We not only specialise in the
adjudication process but we have also enforced numerous decisions
on behalf of our clients.
It has developed into a powerful
means to achieve justice. Hugh James has a vast
amount of experience in successfully enforcing adjudicator’s
awards. Following this success and in response to our
client needs' we are now pleased to announce our new
Enforce IT scheme.
Adjudication decisions explained
An adjudicator's award is not
a final decision on the dispute unless agreed. However, it does
bind the parties unless, and until, the dispute is finally
determined by a Court, an arbitrator or by agreement.
Whilst an adjudicator's award will
usually be enforced through the Courts by issuing legal proceedings
and making an immediate application for summary judgment, many
“paying parties” will try to discourage the “receiving party” from
issuing legal proceedings by raising, quite often, unmeritorious
jurisdictional and other arguments.
Enforce IT comprises specialist
legal knowledge with a package that minimises the risk in relation
to your own and the other side's costs.
What is Enforce IT?
Enforce IT is a scheme that allows us to use
our vast experience of the adjudication process to enforce an
adjudicator’s decision on a “no win, no fee”
basis. This allows you to enforce an adjudicator’s decision whilst
not only protecting yourself from having to pay your own costs but
also the other sides costs, minimising the risk involved.
How does it work?
Subject to our adjudication
specialists having considered the adjudicator's decision and
the merits of your case (for no charge) we will represent you in
proceedings to enforce the decision on a “no win, no fee” basis or
alternatively on a no win, reduced fee basis.
This means that if you are not
successful in the enforcement of your adjudicator's decision you do
not pay our costs or pay a reduced rate. In the event
that you are successful we will look to recover your own costs,
including an uplift, from your opponents.
After the Event Insurance
If you are unsuccessful, you also risk being
made responsible for your opponent's costs. Again, to protect you
against this risk, we can arrange After the Event Insurance (ATE
Insurance) to cover you against any liability for your opponent's
costs (and in many cases your own expenses, such as court
fees).
Hugh James has entered in to a
partnership with First Assist Insurance Services Limited, who
can provide ATE Insurance with overall cover of up to £2
million, which is more than adequate in the case of adjudication
enforcement proceedings. This means that with the combination
of Hugh James’ “no win no fee” arrangement and First Assist’s ATE
Insurance cover, the risk to your business in enforcing an
adjudicator’s award and your financial outlay can be significantly
reduced.
Contact us for more information
If you would like to discuss how
ENFORCE IT can work for your business or your
clients please contact Ioan Prydderch or Matthew Stevens on 029
2022 4871 or email ioan.prydderch@hughjames.com
or matthew.stevens@hughjames.com