Our collective thoughts

Posted May 20, 2024 | Published in Dispute resolution

Less of a slip, more of a stumble – when Adjudicators exceed their jurisdiction under the Slip Rule [1]

In this blog post, Adele Parsons discusses the recent successful adjudication enforcement proceedings in the Technology & Construction Court. In his judgment, Mr Adrian Williamson KC, sitting as a High Court deputy judge, determined that the adjudicator had exceeded his jurisdiction in applying the Slip Rule.

Adjudication Round Up: nothing to declare… [3]

In this blog post, Katherine Butler looks at three recent decisions where the TCC has declined to give the remedies and/or declarations sought following adjudication awards being made. Whilst the three cases address different matters, the judgments all focus on the fairness of the outcome and offer reminders to parties that fairness and the overall merits of any particular claim or application are key considerations for the English Courts, balanced against strict legal entitlements.

Carry on Dissatisfied? Notices of Dissatisfaction and the NEC [5]

In this blog post, Claire King looks at the key issues parties must consider when issuing a Notice of Dissatisfaction, which must be issued within the requisite time frame of four weeks if a party wishes to avoid being bound by an adjudicator’s decision.

The Reinforced Autoclaved Aerated Concrete crisis: to what extent will claims “RAAC up”? [7]

The reinforced autoclaved aerated concrete (“RAAC”) crisis was brought into focus in August 2023, when the UK government announced that over 100 schools would not be able to re-open due to compromised structural safety. In this blog post, George Boddy explores whether the current issues with RAAC may give rise to an increase in claims against those involved in the construction and refurbishment of buildings containing the material.

So, how does the UK plan to remain a world leader in international arbitration? By doing very little [9]

Adele Parsons provides an update on the reforms to the Arbitration Act 1996. These limited reforms focus on maintaining the effectiveness and efficiency of the arbitral process.

Serial adjudications: approach with care? [10]

The recent Court of Appeal case of Sudlows Limited v Global Switch Estates 1 Limited provides an excellent example of why serial adjudications should be approached with caution. The Court’s decision provides an extremely helpful summary of the key principles to be deployed by adjudicators (and party representatives) in working out if the dispute referred has already been determined.

The Court of Appeal confirms door is wide open for fire safety defect claims by developers [11]

The Court of Appeal’s recent judgment in URS Corporation v BDW Trading Ltd provides useful guidance on key sections of the Building Safety Act 2022 and the Defective Premises Act 1972, relating to fire safety claims.