In adjudication last year’s ‘nasty’ was the unacceptable behaviour of the parties.
Kim Franklin
It is easy to lose sight of the fact that many construction disputes have less to do with buildings than with the rights and obligations of those who build them. This is why lawyers who have no construction background still end up specialising in project work.
Increasingly the lie is being put to the notion that adjudication provides rough and ready justice, quickly and cheaply. It may be rough and ready. Whether it is justice depends upon your standpoint. Just as the definition of an easy question can only be, one to which you know the answer, whether an adjudicator got it right will depend entirely on whether they found in your favour.
It seems that a chilly wind may be blowing through the corridors of adjudication enforcement at the Technology and Construction Court. The draught may be descending from the Court of Appeal, or it may have been whisked up by the new broom, Mr Justice Jackson, who has instigated other procedural changes since assuming responsibility for the TCC.