Articles

Articles in the 2009/November Newsletter

Displaying 9 items

The case of Jim Ennis Construction Limited v Premier Asphalt Ltd [2009] EWHC 1906 (TCC), which was reported last month in Nicholas Gould’s Case Notes Corner, considered the novel point of the date of accrual of the cause of action where a losing party to an adjudication subsequently comm

Adjudication under the Building and Construction Industry Security of Payments Act (“SOP Act”) appears to be the quickest and most cost-effective form of resolving construction–industry claims in Singapore.

Much gratitude should go to Liam Holder and Stephen Clarke of the Adjudication Society for all of their efforts in conducting the questionnaire survey. Please do have a look at the article below setting out the main findings.

It is trite to state that the identification of the issues is a crucial activity in any adjudication.

This quarter’s newsletter starts with a Chairman’s Corner from Nicholas Gould containing some important news regarding the direction of the Society and the appointment of an Honorary President. I won’t ruin the excitement for you so please go and read it for yourselves now.

The Chartered Institute of Arbitrators (CIArb) launched its “Pathways to Fellowship” in 2007 and aims to roll out the modules during 2010.

This type of complaint is along the lines of “Why, oh why, did the adjudicator spend so much time, and incur liability for his fees, investigating his jurisdiction?”.

On 13 October 2009 the Local Democracy, Economic Development and Construction Bill 2008 (the “Bill”), which amends the Housing Grants, Construction and Regeneration Act 1996 (the “Housing Grants Act”) passed its third reading in the House of Commons.

The Court of Appeal judgment, Platform Funding Ltd v Bank of Scotland Plc [2008] EWCA civil 930, [2009] WLR 1016, is a majority judgment, which appears to turn commonsense upon its head. The facts are unusual.