Tony Francis, in a paper given to clients in November 2006, reviews recent adjudication enforcement decisions and discusses whether the Courts are actively discouraging parties from challenging adjudicator's decisions. In particular, Tony looks at the ever increasing scope of adjudications, actions relating to professional negligence claims, the so-called “kitchen sink” adjudication and issues relating to natural justice.
Click to download PDF"Payment, abatement and set-off"
October 2004
Simon Tolson, in a paper given to the Association of Independent Construction Adjudicators annual conference held at Wolverhampton, reviews the key issues which are under scrutiny following the Latham review in relation to payment rules and notices.
"You have jurisdiction: Five Fatal Ways to Lose It"
Simon Tolson in a paper given as part of the King's College Adjudication Seminar, discusses ways in which jurisdiction, which was there at the inception of the adjudication, can be lost. The five "Fatal Ways" which are the subject of this paper are:
(i) The late referral or late decision;
(ii) The real possibility of bias;
(iii) Natural justice;
(iv) Making a decision which the adjudicator had no power to make; and
(v) Deciding a question not referred to the adjudicator.
"Recent developments and future prospects"
9 May 2005
Jeremy Glover, in a paper given at the 11th Fenwick Elliott Adjudication Update Seminar, reviews some of the more interesting recent cases from the Court of Appeal, TCC, Scotland and New Zealand and updates the 7th Annual Sweet and Maxwell lecture he gave in November 2004, in considering the government consultation paper based on the review of the Housing Grants Act conducted by Sir Michael Latham.
"What if it all goes wrong"
10 May 2004
Jon Miller, in a paper given at Fenwick Elliott's 9th Adjudication Update Seminar, explains how difficult it is to overturn an adjudicator's decision and provides guidance on the few occasions when that decision can be overturned, ignored or circumvented.