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  • CIPAA 2012
    • What is CIPAA 2012
    • Why Choose CIPAA
    • Solving Cash Flow Issues
    • Solution Offered By CIPAA
    • When does CIPAA apply
    • Is CIPAA Compulsory
    • Issue Faced By Contractor
    • Construction Adjudication
    • CIPAA Procedure
    • Enforce an Adj. Decision
    • Construction Consultancy
    • Our CIPAA Consultancy Fee
  • WILL-WRITING
    • WILL-WRITING
    • Online Will-Writing
    • Why Do I Need a Will?
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ENFORCEMENT OF ADJUDICATION DECISION AS JUDGMENT

Enforcement of Adjudication Decision

Turn Your Adjudication Decision into Judgment

The Winning Party of an Adjudication may enforce the Adjudication Decision in the High Court and subsequently convert it into a Judgement to path way for execution proceedings. 

Writ of Seizure and Sales

The Winning Party may issue Writ of Seizure and Sale to seize and sell the property of the Losing Party to satisfy the judgment sum.

Garnishee Proceeding

The Winning Party may initiate a Garnishee Proceeding to Garnish the money from the Losing Party's Bank Account or Debtor to satisfy the judgment sum.

Winding Up Proceeding

The Winning Party can issue Statutory Notice of Demand pursuant to Section 466 of Company Act 2016("466 Notice")  to demand for the adjudicated sum based on the Adjudication Decision. If the Losing Party fails to satisfy the sum demanded under 466 Notice within 21 days, then the Winning Party may proceed to file Winding up petition to wind up the Losing Party's company and liquidate its assets to satisfy the Judgment Sum.

Defending the Setting Aside Application under S.15 of CIPAA

During the enforcement application being filed under S.28 of CIPAA, the Losing Party may file an Application under S.15 of CIPAA to set aside the Adjudication Decision but only with very limited grounds. The Enforcing Party may need to defend the Setting Aside Application to prevent the failure to enforce the Adjudication Decision.

Defending the Stay Application under S.16 of CIPAA

During the enforcement application being filed under S.28 of CIPAA, the Losing Party may file an Application under S.16 of CIPAA to stay the Adjudication Decision pending the hearing of Setting Aside Application or final resolution at Court or Arbitration. The Enforcing Party may need to defend the Application for Stay concurrently with the Setting Aside Application to prevent any delay on enforcement of the Adjudication Decision. 

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