Adjudication by insolvent companies

Date: Wednesday, 16 Oct 2024, 18:30 - 19:30 Location: Maidenhead Golf Club, Shoppenhangers Road, Maidenhead, Berkshire, SL6 2PZ- and Online Member cost: £0 (including VAT) Non-member cost: £0 (including VAT)

Jennifer Guthrie MA (Cantab), Solicitor

In 2020, the Supreme Court handed down its seminal decision in the case of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd. Until then, the construction industry had taken the view that insolvent companies lost the right to use the statutory adjudication regime. From an insolvency perspective, that went against basic principles of English insolvency law - that a company cannot be deprived of assets or rights, simply because of its insolvency.

Since the Bresco decision, several adjudications are issued every week on behalf of insolvent companies in England (and Scotland). Attention has now turned to the law relating to enforcement of adjudication decisions by insolvent companies, which continues to evolve. Jennifer Guthrie will explain some key insolvency law concepts, discuss the “utility” of adjudication for insolvent companies and how it differs from a solvent context, and explain the current state of the case law on enforcement of adjudication decisions by insolvent companies.

Jennifer Guthrie is a solicitor of 20+ years’ experience in restructuring and insolvency and is the Head of Business Development at Pythagoras Capital. Jennifer and Pythagoras have, specialise in pursuing claims on behalf of insolvent construction companies and are the team behind the Bresco Supreme Court decision that confirmed that an insolvent company has the right to use the adjudication regime. It continues to develop the law relating to enforcement of adjudication awards in favour of insolvent companies.

NB: The registration system is the same for attending in person or viewing online. A link will be circulated to all registered delegates ahead of the day.