Archive: July 29, 2019

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What’s in a Name? Recent Case Determines Using a Trading Name Does Not Invalidate a Notice of Adjudication

What’s in a Name? Recent Case Determines Using a Trading Name Does Not Invalidate a Notice of Adjudication

By Nita Mistry and Victoire Courtenay

Recently, in the case of MG Scaffolding (Oxford) Ltd v Palmloch Ltd [2019] EWHC 1787 (TCC), the Technology and Construction Court (“TCC”) held that the adjudicator did not lack jurisdiction and the notice of adjudication was valid, in circumstances where the adjudication was commenced and pursued against the responding party’s trading name.

The adjudication was commenced by MG Scaffolding (Oxford) Limited (“MGS”) against “MCR Property Group” (“MCRPG”). This was in fact a trading name for the correct contractual counterparty called Palmloch Ltd (“Palmloch”).

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