23 April 2009

Barry Hembling, in a paper given at the 15th Fenwick Elliott Construction Law Update Seminar held at Simpsons in the Strand, London, reviews the key adjudication issues that have arisen over the past 12 months. He looks at whether jurisdictional challenges are becoming more difficult, discusses whether it is possible to sever different strands of an adjudicator’s decision, reviews challenges to decisions on the grounds of the adjudicator’s failure to consider evidence and concludes by asking whether the grounds available to unsuccessful parties to challenge an adjudicator’s decision are narrowing.

17 October 2008

Victoria Russell in a paper given to the Sweet & Maxwell Construction Law 2008 Conference, discusses the progress of the Government's proposed reforms to the adjudication legislation and considers a number of recent adjudication enforcement cases from the courts, including the decisions in Cantillon v Urvasco, Ledwood v Whessoe Oil, Makers v The London Borough of Camden and CSE Braehead Leisure v Laing O'Rourke. Victoria also looks in detail at the question of whether it is possible to withhold liquidated damages from an adjudicator's decision. Finally Victoria reviews the latest cases from the TCC, focussing on cases relating to the Pre-Action Protocol.

11 September 2008

Nicholas Gould, in a paper given at the review of the proposed Government Reforms to the Housing Grants Act held at King’s College, London, discusses some of the issues that have arisen in respect of the proposed reforms in relation to payment, namely sections 109 to 113 of the Housing Grants Act. In doing so, Nicholas discusses what the original purpose of the payment provisions were and the extent to which the proposed reforms can be said to further those original intentions.

24 July 2008

Jeremy Glover summarises the government's proposed changes to the Housing Grants Construction & Regeneration Act as outlined in the draft Construction Contracts Bill. The proposals include extending section 107 so that the adjudication legislation applies to oral and partly oral contracts and not just contracts evidenced in writing, and the introduction of greater clarity and transparency into the statutory payment framework. The government also intends to improve the statutory right to suspend performance by allowing the suspended party to claim the costs and delay which result from any valid suspension.

23 April 2008

Richard Bailey, in a paper given at the 14th Fenwick Elliott Construction Law Update Seminar, reviews the key adjudication issues that have arisen over the past twelve months including, letters of intent, the basis for recovery of legal costs on enforcement, set off against an adjudicator’s decision and the question of severability.

15 November 2007

Jeremy Glover, in a paper prepared for the Adjudication Society Annual Conference - "Jeux Sans Frontières : International Adjudication and Dispute Resolution", reviews the impact of adjudication in Australia and highlights the difference between the Australian process and adjudication in the UK.

6 October 2007

Jeremy Glover in a paper given to ARBRIX, reviews the adjudication provisions to be found in the NEC3, considers the application of these provisions to London 2012, and, finally, discusses one or two of the more fertile areas for dispute and hence those areas which are likely to feature in any adjudication commenced under the NEC3 contract.

12 July 2007

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.

23 April 2007

Dr Julian Critchlow, in a paper given at the 13th Fenwick Elliott Adjudication Update Seminar discusses the implications of the case of Cubitt Building and Interiors Ltd v Fleetglade Ltd where he acted for the successful party. In particular, this case demonstrates the importance of time limits in adjudication and what might happen when these limits are not met. Julian also considers what the time limits tell us about the legal relationship between the adjudicator and the parties.

21 June 2007

Jeremy Glover summarises the government's proposed changes to the Housing Grants Construction & Regeneration Act. The proposals include extending section 107 so that the adjudication legislation applies to oral and partly oral contracts and not just contracts evidenced in writing, and the introduction of greater clarity and transparency into the statutory payment framework. The government also intends to improve the statutory right to suspend performance by allowing the suspended party to claim the costs and delay which result from any valid suspension.

2 November 2006

Nicholas Gould, in a paper prepared for the 2006 AICA conference considers the status of an adjudicator's decision. Does an adjudicator's decision create a debt or alternatively, when seeking to enforce a decision of an adjudicator, is the cause of action the right or obligation in dispute by reference to the contract between the parties rather than the decision itself? In particular, Nicholas considers how you deal with abatement and common law or equitable set-off.

November 2006

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.

May 2006

Karen Gidwani, in a paper given at the 12th Fenwick Elliott Adjudication Update Seminar, discusses whether in the light of the recent Court decisions, for example, Carillion v Devonport Royal Dockyard, the enforcement by the Courts of Adjudicators' decisions is a foregone conclusion.

22 November 2005

Dr Julian Critchlow, in a paper given at the IBC Masterclass, reviews the recent developments in adjudication enforcement cases which have come before the Courts. The paper focuses primarily on matters relating to jurisdiction and natural justice.

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.

9 May 2005

Toby Randle in a paper given to the 11th Fenwick Elliott Adjudication Update Seminar, outlines some of the alternatives to adjudication and when they might be appropriate to use.

4 February 2005

Toby Randle in article which appeared in Building sets out why he
advises some construction clients embroiled in complex cases to bypass the adjudication process and initiate court proceedings.

8 November 2004

Nicholas Gould, in a paper given at the 10th Fenwick Elliott Adjudication Update Seminar, reviews recent case law including the Connex v MJ Building, William Verry Ltd v North West London Communal Mitvah, Alstom Signalling v Jarvis Facilities and McAlpine PPS Pipeline v Transco Plc cases. He also discusses changes to the ICE Conditions of Contract and recent developments in adjudication and dispute adjudication boards abroad.

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.

October 2004

Jon Miller, in a paper given to the Association of Independent Construction Adjudicators annual conference at Wolverhampton, highlights the common problems faced when starting an adjudication and provides some ideas (to both parties and adjudicators) on how to manage referrals to make the adjudication process more efficient.

August 2004

In a paper given as part of the MsC/Diploma in Construction Law and Arbitration course at King's College London, Nicholas Gould reviews recent developments to the adjudication case law. In particular, he considers whether the courts are continuing to adopt the purposeful and robust approach of the early enforcement cases or whether they are now attending to adopt a more restrictive approach.

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.

10 May 2004

Victoria Russell, in a paper given at Fenwick Elliott's 9th Adjudication Update Seminar, sets out some of the steps you need to take to put your case in good order prior to embarking on adjudication proceedings - including working out how best to present and pursue your claim.

10 November 2003

In a paper given to Fenwick Elliott's 8th Adjudication Update Seminar, Matthew Needham-Laing reviews recent case law including the Orange v ABB, Dean & Dyball Construction Ltd v Kenneth Grubb Associates Ltd and Comsite Projects Ltd v Andritz cases.

14 November 2003

Julian Critchlow highlights the key recent trends in adjudication in a paper given at the Construction Law Masterclass. The paper deals with the question of the crystallisation of a dispute (and other jurisdictional matters) and discusses attempts made by losing parties to raise a set-off against an adjudicator’s decision. It also comments on attempts made to suggest that actions of adjudicators have been outside the principles of natural justice.

10/11 September 2003

Victoria Russell outlines the development of adjudication in the United Kingdom in a paper given to the International Construction Conference in Kuala Lumpur, Malaysia. She comments on whether adjudication is a success or failure looked at five years after its implementation by the Housing Grants, Construction and Regeneration Act 1996. Within her review, she highlights the important differences between adjudication and ADR, litigation and arbitration. The conference was organised by the Chartered Institute of Building in Malaysia and the Malaysian Association of Master Builders.

12 May 2003

Jeremy Glover discusses attempts to withhold payment by the losing party following adjudicators' decisions, in a paper given at the 7th Fenwick Elliott Adjudication Update Seminar. In particular, he focuses on the impact of the Court of Appeal decision in Levolux v Ferson.

"Adjudication - key recent developments and decisions"
November 2006

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 read full article

"Is the Enforcement of an Adjudicator's Decision a Foregone Conclusion?"
May 2006

Karen Gidwani, in a paper given at the 12th Fenwick Elliott Adjudication Update Seminar, discusses whether in the light of the recent Court decisions, for example, Carillion v Devonport Royal Dockyard, the enforcement by the Courts of Adjudicators' decisions is a foregone conclusion.
Click to read full article

"Adjudication cases - Major developments"
22 November 2005

Dr Julian Critchlow, in a paper given at the IBC Masterclass, reviews the recent developments in adjudication enforcement cases which have come before the Courts. The paper focuses primarily on matters relating to jurisdiction and natural justice.
Click to read full article

"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.
Click to read full article

"Alternatives to Adjudication"
9 May 2005

Toby Randle in a paper given to the 11th Fenwick Elliott Adjudication Update Seminar, outlines some of the alternatives to adjudication and when they might be appropriate to use.
Click to read full article

"An expensive way to flip a coin"
4 February 2005

Toby Randle in article which appeared in Building sets out why he
advises some construction clients embroiled in complex cases to bypass the adjudication process and initiate court proceedings.
Click to read full article

"Recent developments: domestic and international"
8 November 2004

Nicholas Gould, in a paper given at the 10th Fenwick Elliott Adjudication Update Seminar, reviews recent case law including the Connex v MJ Building, William Verry Ltd v North West London Communal Mitvah, Alstom Signalling v Jarvis Facilities and McAlpine PPS Pipeline v Transco Plc cases. He also discusses changes to the ICE Conditions of Contract and recent developments in adjudication and dispute adjudication boards abroad.
Click to read full article

"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.
Click to read full article

"Adjudication: effective dispute resolution - starting an adjudication"
October 2004

Jon Miller, in a paper given to the Association of Independent Construction Adjudicators annual conference at Wolverhampton, highlights the common problems faced when starting an adjudication and provides some ideas (to both parties and adjudicators) on how to manage referrals to make the adjudication process more efficient.
Click to read full article

"Adjudication law: enforcement and jurisdiction"
August 2004

In a paper given as part of the MsC/Diploma in Construction Law and Arbitration course at King's College London, Nicholas Gould reviews recent developments to the adjudication case law. In particular, he considers whether the courts are continuing to adopt the purposeful and robust approach of the early enforcement cases or whether they are now attending to adopt a more restrictive approach.
Click to read full article

"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.
Click to read full article

"How to win!"
10 May 2004

Victoria Russell, in a paper given at Fenwick Elliott's 9th Adjudication Update Seminar, sets out some of the steps you need to take to put your case in good order prior to embarking on adjudication proceedings - including working out how best to present and pursue your claim.
Click to read full article

Adjudication: Current themes and practice
14 November 2003

Julian Critchlow highlights the key recent trends in adjudication in a paper given at the Construction Law Masterclass. The paper deals with the question of the crystallisation of a dispute (and other jurisdictional matters) and discusses attempts made by losing parties to raise a set-off against an adjudicator's decision. It also comments on attempts made to suggest that actions of adjudicators have been outside the principles of natural justice.
Click to read full article

Adjudication and its development in the United Kingdom
10/11 September 2003

Victoria Russell outlines the development of adjudication in the United Kingdom in a paper given to the International Construction Conference in Kuala Lumpur, Malaysia. She comments on whether adjudication is a success or failure looked at five years after its implementation by the Housing Grants, Construction and Regeneration Act 1996. Within her review, she highlights the important differences between adjudication and ADR, litigation and arbitration. The conference was organised by the Chartered Institute of Building in Malaysia and the Malaysian Association of Master Builders.
Click to read full article

Case law update: The shifting sands
10 November 2003

In a paper given to Fenwick Elliott's 8th Adjudication Update Seminar, Matthew Needham-Laing reviews recent case law including the Orange v ABB, Dean & Dyball Construction Ltd v Kenneth Grubb Associates Ltd and Comsite Projects Ltd v Andritz cases.
Click to read full article

What makes a bad decision?
12 May 2003

Jeremy Glover discusses attempts to withhold payment by the losing party following adjudicators' decisions, in a paper given at the 7th Fenwick Elliott Adjudication Update Seminar. In particular, he focuses on the impact of the Court of Appeal decision in Levolux v Ferson.
Click to read full article

Adjudication law: Enforcement and jurisdiction
22 October 2003

In a paper given as part of the MSC/Diploma in Construction Law and Arbitration course at King's College London, Nicholas Gould reviews recent developments in adjudication case law. He questions whether the courts were continuing to adopt the purposeful and robust approach of the early enforcement cases or were tending to adopt a more restrictive approach.
Click to read full article
An updated version of this article was produced in August 2004 and also appears on this site.

Adjudication: The legal framework
February 2003

Nicholas Gould reviews general developments in adjudication in a paper given as part of the MSC/Diploma in Construction Law and Arbitration course at Kings College London. He also highlights some of the important decisions in respect of the payment mechanisms of the Housing Grants Construction Regeneration Act, in particular withholding notices.
Click to read full article

What I don't like about adjudicators!
2 October 2002

Simon Tolson sets out what he calls the "ten deadly sins" or the 10 areas where he feels adjudicators could do better, in an article written for the Adjudication Society.
Click to read full article

Construction adjudication, DTI reforms and latest cases of payment and enforcement
January 2002

In a construction law programme for TEN (The Einstein Network), Simon Tolson looks at the - then current - DTI proposals for improving adjudication in the construction industry; the latest cases on payment and withholding notices; and the interplay between the Companies Court and the Housing Grants Construction Regeneration Act.
Click to read full article

Enforcement and recovery
20 September 2001

In a paper given at a Central Law Training conference, Simon Tolson sets out some of the difficulties encountered when trying to enforce an adjudicator's decision and/or recover the sums awarded by an adjudicator. He also suggests ways of dealing with these difficulties.
Click to read full article

Human rights, natural justice and adjudication
17 May 2001

Simon Tolson, in a lecture given to the Royal Institution of Chartered Surveyors, summarises the early adjudication decisions affected by the UK Human Rights legislation and the concept of natural justice.
Click to read full article

A Second bite of the cherry
May 2001

Jeremy Glover sets out the principles of the Hershel Engineering Ltd v Breen Properties Ltd case (in which he acted for the successful party). This confirms that you can still refer the matter in dispute to adjudication and obtain a swift interim remedy, even if you have started proceedings.
Click to read full article

Adjudication defined
1998

Robert Fenwick Elliott sets out the legal nature of adjudication in an article written before the adjudication provisions of the Housing Grants Construction and Regeneration Act came into force.
Click to read full article

Construction industry law letter: Editorial for special adjudication edition
1998

Tony Francis, the editor of the Construction Industry Law Letter, wrote an editorial on what adjudication was intended to be for the special edition of the newsletter produced when adjudication was introduced.
Click to read full article