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Notes from the Editors, Douglas James and Benedict Morillo
In this article, Rob Hubbard provides a on overview of the challenges raised by and the strategies for managing multiple simultaneous adjudications. Rob very rightly points out the administrative and organisational burden it can involve having to fight multiple adjudications at the same time, and he suggests several strategies that can be used to make this more manageable.
Joanne Chase and Robert Patterson of Clarion Solicitors look at the law on indemnity costs in enforcement proceedings following Sleaford Building Services Ltd v Isoplus Piping Systems Ltd [2023] EWHC 1643 (TCC), examining whether and in what circumstances indemnity costs will be awarded against a party defending enforcement proceedings.
Trevor Drury, barrister, provides a comprehensive overview of grounds for termination at common law and under common standard form contracts (JCT and NEC), and he particularly looks at a party’s insolvency as a ground for termination and how insolvency interacts with the adjudication process.
Len Bunton, one of the Society’s most prolific mentors, answers some questions about his experience providing adjudication mentoring. Next issue, we will be hearing from Sue Kim, one of his mentees, about her experience of mentoring.
Douglas James provides a tongue-in-cheek note of this well-attended event from January.
Notes from the Editors, Douglas James and Benedict Morillo
Morwenna Crichton of Yelland Savage reports on two new mentoring schemes.
Claire King of Fenwick Elliott considers the 2023 KCL Construction Adjudication report.
Douglas James of Crown Office Chambers considers the question of when an adjudication decision may not be enforced for bias.
Andrew Dixon of Walker Morris provides a report of the Society’s Leeds panel event which formed part of the Society’s ‘Women in Adjudication’ initiative. Morwenna Crichton chaired the panel which featured adjudicators Chantelle Vermeulen, Bernadette Barker, Amy Bonzyck, Caroline McDermott, and Sue Kim.
Notes from the Editors, Douglas James and Benedict Morillo
In this article, Michael Hopkins of Pinsent Masons provides a summary of Sudlows Limited v Global Switch Estates 1 Limited [2023] EWCA Civ 813 which concerned whether and to what extent subsequent adjudicators and bound by the decisions of previous adjudicators, and how this relates to the jurisdiction of subsequent adjudicators. He provides guidance on how parties should approach serial adjudications in light of the decision. This article was first published on Pinsent Masons’ Out-Law blog.
Michael Coumas of Keating Chambers looks at the interaction between arbitration and adjudication. He analyses previous case law including the recent decision of Northumbrian Water Ltd v Doosan Enpure Ltd [2022] EWHC 2881 (TCC) and he considers whether disputes about the validity of adjudications can be determined in arbitration.
Wayne Clark looks at how disputes might be prevented in the first place, and other methods of dispute resolution other than adjudication. He considers what makes an effective negotiation strategy, the increasingly popular dispute board style of dispute resolution, and how mediators can effectively resolve disputes.
Emma Healiss of Keating Chambers explains the reaffirmation, in FK Construction v ISG Retail, of the very limited circumstances in which one decision can be set off against another – and the practical requirements to fulfil them.