So you’ve won the adjudication and the other side won’t comply with the decision…now what?
Nigel Ribbands
It is a feature of any adjudication that a party might consider the adjudicator has made a slip or mistake in writing the decision, which requires correcting to avoid an injustice. Not unreasonable? So what are the injured party’s rights, if any, for the correction to be made?
It is a feature of any adjudication that a party might consider the adjudicator has made a slip or mistake in writing the decision, which requires correcting to avoid an injustice. Not unreasonable? So what are the injured party’s rights, if any, for the correction to be made? This point was recently considered, amongst others, by HHJ Toulmin CMG QC in CIB Properties Limited (“CIB”) and Birse Construction Limited (“Birse”) [2004] EWHC 2365 (TCC). The full judgment is instructive and compulsive reading; I would strongly commend it.
Introduction
There has been much debate over the last 10 years of statutory adjudication about whether, and if so, to what extent, the Adjudicator should take the initiative to ascertain the facts and the law – plainly the debate is alive and well.
As I see it, broadly speaking, there are two camps.