The Court of Appeal held that there is an implied term allowing a paying responding party under an adjudication award six years from the date of payment to challenge the adjudicator’s decision. The successful referring party in the adjudication does not benefit from the extended time period, and must bring any subsequent court proceedings within the original limitation period. The Court upheld the judgment in Jim Ennis v Premier Asphalt .
Mills and Reeve LLP acted for Aspect in their successful appeal. Nik Oldham led a team including Alexandra Price and Jacqui King.
Fiona Sinclair QC and Richard Liddell, both of 4 New Square, were instructed by Mills and Reeve LLP.
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Aspect Contracts (Asbestos) Limited v Higgins Construction Plc  EWCA Civ 1541