The case of W W Gear v McGee [2012] EWHC 1509 (TCC) related to a declaration sought by the employer under a JCT trade contract concerning claims for direct loss and/or expense resulting from a variation. The court held that it would not be appropriate to make a declaration in this case since the employer had sought the declaration in the middle of an adjudication when the adjudicator would have at most one working day to consider the judgment if he received it. That was regarded by the court as an "unacceptable imposition" on the adjudicator. The position might be different if all parties consented to the court granting a declaration with a view to assisting the adjudicator and were prepared to extend his time for reaching a decision as necessary.
