From Bresco to Meadowside and Astec: from incompatible and futile to exceptional and permitted

In the recently published decision of Balfour Beatty Civil Engineering Ltd v Astec Projects Ltd (In Liquidation), a company in liquidation was permitted to proceed with three adjudications on the basis that it satisfied conditions intended to bring the case within the exception established in Meadowside Building Developments v 12-18 Hill Street Management Company to the general rule set out by the Court of Appeal in Bresco v Lonsdale.

Mark Fletcher appears in the Practical Law Construction Blog discussing this line of authorities dealing with the third party funding of liquidation adjudications.

The full blog is available to read via the Thomson Reuters website.

Mark is a senior associate in the commercial litigation team. Mark advises on a broad range of disputes involving individuals, charities and businesses across a large number of business sectors, including construction, property development, IT, sports, events, hospitality, retail, medical and other legal professionals.