No implied term to have adjudication dispute finally resolved in court proceedings

In Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWHC 1322 (TCC), Akenhead J held that there is no implied term that an unsuccessful party in an adjudication under the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998) is entitled to have the dispute determined by litigation and to a repayment of monies paid, if those court proceedings are successful.

Note added: The Court of Appeal overturned the High Court's decision on the implied term point (see Legal update, Court of Appeal finds implied term to have adjudication dispute finally resolved in court proceedings). On 17 June 2015, the Supreme Court upheld the Court of Appeal's decision (see Legal update, Supreme Court finds implied term that paying party in an adjudication can have dispute finally determined by court).