The Technology and Construction Court has yet again shown its willingness to enforce an adjudicator's decision, and has considered the application of indemnity costs in favour of the successful party.  Receiving "indemnity costs" means that the losing party will pay a greater percentage of the successful party's costs, to take account of a lack of merit in the losing party's failure to pay.

In this case, although the losing party had raised arguments on the jurisdiction of the adjudicator during the adjudication, it failed to appear at the enforcement hearing.  The court was therefore prepared to award indemnity costs.

Pochin Construction Limited v Libery Property (GP) Limited [20014] EWHC 2919 (TCC)