The Supreme Court's decision in Bresco allows the liquidator of an insolvent company to adjudicate on the value of a disputed claim, although actually recovering cash may be more challenging. Our article on the decision is set out below.
The appeal raised important questions about the compatibility of adjudication with the operation of insolvency set-off. The Supreme Court allowed the appeal, deciding that a liquidator was entitled to refer an insolvent company’s claims to adjudication where there were cross-claims between the parties.
The Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd  UKSC 25 (17 June 2020) has been eagerly anticipated.