In a Court of Appeal decision handed down last week the court considered the interplay between the construction adjudication process on the one hand and the insolvency regime on the other.

The Construction Act 1996 gives a party to a construction contract the right to refer a dispute to adjudication "at any time"; however a recent TCC decision in England has held that this right is not absolute, where the party referring the dispute to adjudication is a company in liquidation and the dispute includes any claim for further sums to be paid to them.

The decision