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Displaying 261 - 280 of 492

Michael Gerrard

Statutory Adjudication: Who is the Contracting Party?

In the case of CN Associates (A Firm) –v– Holbeton Limited, CN Associates (“CN”) sought to summarily enforce the decision of an adjudicator.

James Golden

Will They Won’t They – Statutory Adjudication in Ireland

This is a short note on things across the Irish Sea for those not aware.

William Webb

No Money, No Enforcement

It is easy to view adjudication as a quick and easy way to get money.

J R Hartley

Complaints Series - No. 9 - “He Didn’t Consider Our Evidence?”

A complaint that sometimes arises is that the adjudicator has failed to consider a party’s evidence.

William Webb

Editorial

The theme of this newsletter could be Adjudicators behave!

Shona Frame and Fritha Wheeler-Ozanne

Bias in Adjudication – the Courts’ Approach

In the quest for routes to resist enforcement of an Adjudicator's decision, parties often turn to the issue of bias of the Adjudicator as a potential ground.

The Court of Appeal decision in In re Medicaments and Related Classes of Goods (No 2) (2001) establ

Murray Armes

Meetings – To Have and To Hold

Hearings or meeting are an integral part of almost all dispute resolution processes, particularly where evidence is to be given orally and tested by cross examination or questioning.

Robin Orme

INTRODUCTION The adjudication provisions in the 1996 Construction Act have been amended by the Construction Act 2009. Others have already written in the Newsletter about the substance of these changes. What do they mean for the skills which adjudicators need to decide the disputes referred to them?

Alan Williamson

The Responding Party’s Right to Raise Any Defence in Response to a Notice of Adjudication

Until relatively recently it had been the accepted position that the Notice of Adjudication framed and set the boundaries of any dispute referred to adjudication.

William Webb

Editorial

The highlight of this issue is a study into the recent history of adjudication, how the process used has varied over time and how it has been impacted by the strength of the construction industry.

J R Hartley

Complaints Series - No. 8 “How Much?”

A complaint came across my desk recently regarding the amount of time an adjudicator had spent on an adjudication that had settled. The criticism was that the adjudicator had spent more time, and generated a higher fee, than was considered necessary.

Janey Milligan, Peter Kennedy, Lisa Cattanach, Edward McCluskey

The Development of Statutory Adjudication in the UK and its Relationship with Construction Workload

Introduction

Lynne McCafferty

Tactics and Procedure: Using the TCC for Adjudication Business

Introduction The TCC has a bespoke and rapid procedure for dealing with adjudication business in section 9 of the TCC Guide. For straightforward enforcement proceedings, a claim under CPR Part 7 remains the correct route.

John Riches

This Week I Have Been Mostly Blacklisted!

Those of you who are fans of the Fast Show will remember Jesse, the character who came out of the loo or a barn and announced what he ‘had mostly been doing that week’. He may well have been deluded when he announced he had been living on a diet of rubber tyres but at least he knew what was going on in ‘Jesse world’.

Ben Beaumont

A Toothless JCT Adjudication Clause

The case of Price and Price v Carter [2010] EWHC 1451 TCC involved an application to seek permission to appeal under Section 69 of the Arbitration Act 1996, for an extension of time pursuant to CPR 62.9 and if granted an appeal against the award under Section 67 of the Arbitration Act 1996.

Steve Rudd

How Effective Is An Obligation of Joint And Several Liability?

The subject closest to the heart of most adjudicators, i.e. payment of their fees, has not featured for a while so it seems to me time to put that right, particularly considering my recent experience in a challenging case.

J R Hartley

Complaints Series - No. 7 “He Got It Obviously Wrong!”

We all know that adjudicators are allowed to get it wrong, providing that the question they answer incorrectly is the right one. However, this is of little comfort to a party who is on the receiving end of a decision that is wrong, either factually or legally.

William Webb

Editorial

As is often the case, this Newsletter has two distinct sections – the first providing guidance for those who act for the parties in adjudications and the second providing guidance for those occupying the decision making hot seat itself.

Shona Farmer and Fritha Wheeler-Ozanne

Jurisdictional Challenges in Adjudication: To Do Or Not To Do?

Challenges to an Adjudicator's jurisdiction have been par for the course since the introduction of Adjudication. Some Respondents make challenges systematically in case they can find an argument to resist enforcement. The Courts, however, remain reluctant to uphold such challenges.

Lynne McCafferty

Adjudication, UCTA and Interest: Yuanda v WW Gear

In Yuanda (UK) Co. Ltd -v- WW Gear Construction Ltd [2010] EWHC 720 (TCC), Mr Justice Edwards-Stuart has delivered an important new ruling, possibly one of the most significant decisions in construction law of 2010 so far.