Chairman's Notes - Hamish Lal, Akin Gump Strauss Hauer & Feld

Editorial - Daniel Churcher, 4 Pump Court

Major new Survey of UK Adjudication by the Adjudication Society and Kings College

Construction disputes: global markets embrace adjudication - Lawrence Davies (London) & Tom Heading (Australia), Partners in Pinsent Masons LLP

Scottish Court confirms you must adjudicate first under clause W2.4 of NEC3 - Louise Shiels, Partner and Andrew Groom, Associate in Brodies LLP Solicitors

The Conflict Avoidance Process – CAP - Len Bunton FRICS, FCIArb, Hon FRIAS, Chair CAP Working Group

Where would we be without Roger Knowles? - Paul Jensen, Ian Strathdee & Suzanne Miller

Case Notes

Hamish Lal, Akin Gump Strauss Hauer & Feld

The Society is working well. I should like to stress two key dates: Firstly, Thursday November 3rd 2022 is the date for our Annual Conference; and Thursday May 26th 2022 is the date for our next Adjudication Case Law Update. The Annual Conference will take place in Edinburgh and so Members have plenty of time to plan ahead – it is important (on many levels) that Members from all over the United Kingdom try to attend the Annual Conference. I should also like to highlight the Society’s collaboration with King’s College London on the Reporting and Research Project looking at Statutory Adjudication.  This is an important study for all Members and I hope that all Members will thus be able to take part in the Survey.   The idea is that the ‘Year One Report’ will be shared at the Annual Conference.
 
The Committee exists to aid Members and to further the learning of Adjudication.  In that context, please let us know if there is anything that you would like us to do, improve or accelerate.

Daniel Churcher, 4 Pump Court

We have a slightly shorter Newsletter than usual this quarter. Along with the usual case note updates from Fenwick Elliott we have a view on the progress of adjudication as a global dispute resolution mechanism from Lawrence Davies and an introduction to the conflict avoidance process from Lee Bunton. Louise Shiels and Andrew Groom of Brodies discuss recent Scottish decisions concerning the thorny problem of when a party can start court proceedings in circumstances where a dispute resolution clause requires adjudication as a first step.
 
The newsletter concludes with a mention for Roger Knowles, who sadly died recently.  Anyone regularly involved in adjudication disputes is likely to have come across Roger or the firm he founded, a major force in the adjudication landscape over a period of many years.
 
As always, please do get in touch (dchurcher@4pumpcourt.com) if you have a piece of writing (or merely an idea for a piece) that you would like to see published in the newsletter.
 
Finally, I send my apologies as Editor to Darryl Royce, author of Adjudication in Construction Law. As many of you will no doubt be aware Darryl has published the second edition of his comprehensive textbook and generously provided a review copy for the Adjudication Society. Unfortunately it has not been possible to produce a review in the time available for this edition, but watch this space.

Anyone involved in adjudication – whether as adjudicator, party or adviser – is encouraged to take a few moments of their time and to give their thoughts on adjudication.

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Lawrence Davies (London) & Tom Heading (Australia), Partners in Pinsent Masons LLP

A review of adjudication as a dispute resolution mechanism in various jurisdictions.

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Louise Shiels, Partner and Andrew Groom, Associate in Brodies LLP Solicitors

What are the circumstances in which a court will require a party to comply with a tiered dispute resolution clause before going to Court?

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Len Bunton FRICS, FCIArb, Hon FRIAS, Chair CAP Working Group

An introduction to the conflict avoidance process scheme.

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Paul Jensen, Ian Strathdee & Suzanne Miller

An obituary for Roger Knowles.

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Case Note Contributors: Nicholas Gould, Laura Bowler, Aurelia Russo, Jake Wright

Bilton & Johnson (Building) Co Limited v Three Rivers Property Investments Limited

Reference: [2022] EWHC 53 (TCC)
Date: 14 January 2022
Judge: Jason Coppel QC (sitting as a Deputy High Court Judge)
Keywords: Adjudicators' decisions; Contract terms; Defences; Enforcement; Jurisdiction; Liquidated damages; Natural justice; Rectification; Summary judgments.

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John Graham Construction Limited v Tecnicas Reunidas UK Limited

Reference: [2022] EWHC 155 (TCC)
Date: 27 January 2022
Judge: Mr Justice Morris
Keywords: Enforcement; Summary Judgment; Contra Charge; Jurisdictional Challenge; Arbitration; Power Station.

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Steve Ward Services (UK) Limited v Davies & Davies Associates Limited

Reference: [2022] EWCA Civ 153
Date: 14 February 2022 
Judge: Lord Justice Moylan, Lord Justice Coulson and Lord Justice Arnold
Keywords: Adjudication; Adjudicator’s Fees; Bad faith; Resignation; Adjudicators’ powers and duties.

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