Payment Adjudication

Order 56B^[1]

1. In this Order:

(1) The “2013 Act” means the Construction Contracts Act 2013;

“adjudicator” means an adjudicator appointed pursuant to the provisions of section 6 of the 2013 Act.

(2) Save where the context otherwise requires, expressions used in this Order have the same meaning as in the 2013 Act.

2. An application for the leave of the Court to enforce or to enter judgment in respect of a decision of an adjudicator pursuant to section 6(11) of the 2013 Act shall be made by originating notice of motion.

3. (1) Subject, in the case of any proceedings which have been entered in the Commercial List, to the provisions of Order 63A and of any order made or direction given by the Court under that Order, the procedures specified in this Order shall apply to proceedings by originating notice of motion in accordance with this Order.

(2) Every originating notice of motion shall be grounded upon an affidavit sworn by or on behalf of the moving party. Each such grounding affidavit shall—

(i) identify the construction contract to which the decision relates;

(ii) exhibit the decision of the adjudicator;

(iii) set out the basis upon which the Court should conclude that the decision of the adjudicator is binding on the respondent;

(iv) confirm that—

(a) the payment dispute has not been finally settled by the parties;

(b) a different decision has not been reached on a reference of the payment dispute to arbitration;

(c) a different decision has not been reached in proceedings initiated in a court in relation to the adjudicator’s decision; and

(v) set out the facts relied upon to demonstrate that the respondent has failed to comply with the decision of the adjudicator.

(3) Copies of the originating notice of motion and the grounding affidavit and of any exhibits thereto shall be served upon the respondent(s) not later than 14 days before the date fixed for the hearing of the motion.

(4) The Court may, in the interests of justice, abridge the time limit identified in sub-rule (3).

(5) Any respondent may deliver a replying affidavit. Any such replying affidavit shall be filed in the Central Office and a copy served upon the applicant and upon every other respondent within seven days of the service by the applicant of the originating notice of motion and the applicant’s grounding affidavit upon the respondent.

(6) Any replying affidavit shall set out precisely the grounds relied upon by the respondent to resist the applicant’s claim for the reliefs set out in the originating notice of motion as against such respondent.

(7) The applicant shall be at liberty to file a further affidavit replying to any matter raised by a respondent in a replying affidavit, which further affidavit shall be filed in the Central Office and a copy delivered to each respondent within seven days after the service upon the applicant of the respondent’s replying affidavit.

(8) An affidavit giving the names and addresses of, and the place names and dates of service on, all persons who have been served with the originating notice of motion, grounding affidavit and exhibits shall be filed before the motion is heard. If any person who ought under this Order to have been served has not been served, the affidavit shall state that fact and the reason for it.

4. Save where the Court otherwise directs, every application under this Order shall be heard and determined on affidavit.

5. The Court, on the application of any of the parties or of its own motion, may make such consequential further or other orders or give such directions as the Court considers will facilitate an expeditious disposal of the proceedings commenced under this Order.