Articles

Articles in the Spring 2024 Newsletter

Displaying 10 items

Notes from the Editors, Douglas James and Benedict Morillo

Douglas James provides a tongue-in-cheek note of this well-attended event from January.

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.

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.

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.

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.

Notes from the Chairwoman, Susan Francombe

[2023] EWHC 3137 (TCC)
Key terms:
Adjudicators' decisions; Construction contracts; Enforcement; England; Jurisdiction; Natural justice; Ordnance Survey; Statutory interpretation; Territorial waters; Tidal rivers
[2023] EWHC 2344 (TCC)
Key terms:
Summary enforcement; breach of natural justice
[2023] EWHC 2841 (TCC)
Key terms:
Adjudication; Adjudicator’s decisions; Construction contracts; Enforcement; Summary judgments