Limitation and Adjudication – revisiting the debate

The recent TCC decision in LJR Interiors Ltd v Cooper Construction Ltd is highly significant in the context of limitation and adjudication, but what does it really mean? James Frampton and Thomas Saunders of Keating Chambers have examined that question across a three-part series of articles, and Reeves James are honoured to have been given permission to publish their complete analysis here.

Limitation and adjudication: Revisiting the debate following LJR Interiors Ltd v Cooper Construction Ltd [2023] EWHC 3339 (TCC)

The question of whether limitation applies to adjudication has long been a source of academic debate. The consensus would seem to be that limitation does (or must) apply to adjudication (eventually) but it is not clear how or when. There were earlier passing, obiter, statements by the Court that adjudication was subject to limitation in Anglian Water Services Ltd v Laing O’Rourke Utilities Ltd [2010] EWHC 1529 (TCC) and Connex South Eastern Limited v M J Building Services Group Plc [2005] EWCA Civ 193. However, the recent Judgment of the TCC in LJR Interiors Ltd v Cooper Construction Ltd [2023] EWHC 3339 (TCC) was the first time that this question was properly considered by the Court.

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