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Rather than presenting a kaleidoscope of case law, this article will critically examine the three cases that the Supreme Court gave permission to appeal to that have shaped the adjudication landscape in the last few years.
Adjudication in Ireland celebrates 5 years this month (July) and after a slow start, is now well and truly part of the construction industry dispute resolution landscape.
Adjudication is a splendid method for resolving construction disputes.
it would not do much violence to the 1996 Act for the Court to reach a finding that section 111 of the Act applied to any claims for sums accrued due while the contract was on foot, regardless of whether the contract was repudiated and brought to an end before those sums were formally applied for.
With the various lists getting there in this song there is telepathy but no mention of email. But that was 30 years ago and as far as I can remember the email was not that popular then.
Cases where those involved in disputes are found to have acted despite a conflict of interest are, fortunately, rare. When they do occur, they tend to be widely reported.
More than you think. This article will consider green dispute resolution procedures, and how we can use them in adjudication.
Whether an adjudicator correctly identifies an issue as something which he or she has jurisdiction to decide is potentially determinative of whether the decision is enforceable.
The last 6 months have certainly been the busiest period I have ever personally encountered in terms of adjudication proceedings. The references to adjudication have been coming to me thick and fast since March, both as advocate and adjudicator, with little time to come up for air.
The last 6 months have certainly been the busiest period I have ever personally encountered in terms of adjudication proceedings. The references to adjudication have been coming to me thick and fast since March, both as advocate and adjudicator, with little time to come up for air.
Having recently re-decanted from my office to home for the second time in seven months, it struck me how working from home appears more “normal” than it did on 21st March 2020. It also prompted me to reflect on how differently I conduct adjudications now. For present purposes, I want to focus on three changes.
Harry Smith of Keating Chambers kindly agreed to provide an adjudication update to members of the Adjudication Society & Chartered Institute of Arbitrators, given online on 3rd September 2020. No recording was made, so this review is my attempt to set out the key points of the update for those interested.
COVID-19 has changed everything. The world we were living in just a few months ago has melted away and, indeed, much of it may be gone forever. The impact on our economy has been immense and no more so that in the construction industry. From the start many sites shut down, employees have been absent or laid off. Cash flow, a perennial problem, has become a deepening crisis. The signs are that things are unlikely to improve soon. COVID will be with us for months, even years, ahead.
Matthew Thorne of 4 Pump Court answers questions from the editor on his experiences as a new(ish) TECBAR Adjudicator, and how he manages that alongside his busy practice as an advocate.
The Scottish Appeal Court’s decision clarifies the law in Scotland. Given that the 1996 Act applies UK-wide and the separate statutory Schemes for Scotland/England and Wales are very similar, this Scottish Appeal Court decision is also likely to be relevant to and referred to in enforcement proceedings south of the border in relation to English and Welsh adjudications.
In granting an injunction restraining the beneficiary from recovering money under the bond, the Court of Appeal said the beneficiary's call on the bond was "unconscionable" because it sought to undermine the temporary finality of an adjudicator's decision. If the beneficiary disagreed with the adjudicator's decision, he should refer the dispute to a court or tribunal under the dispute resolution clause in the applicable contract.
The Construction Act allows the parties to agree who should pay the adjudicator’s costs. The Scheme for Construction Contracts makes provision for the adjudicator to be paid a reasonable amount and also sets out what should happen in certain specific circumstances, for example if the parties revoke the adjudicator’s appointment.