The Technology and Construction Court (TCC) has delivered a significant judgment in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in Liquidation) [2018] EWHC 2043 (TCC) where the company seeking to refer a dispute to adjudication was in liquidation. The substance of the dispute related to the contractor’s claim for payment allegedly due for work completed, and damages for loss of profits.

The case is of particular significance for the construction industry and insolvency practitioners taking appointments in the sector as it confirms that a company in liquidation cannot refer a dispute to adjudication when that dispute includes (whether in whole or in part) determination of “any claim for further sums said to be due to the referring party from the responding party”…