Adjudication

"Payment, abatement and set-off"

October 2004

Simon Tolson, in a paper given to the Association of Independent Construction Adjudicators annual conference held at Wolverhampton, reviews the key issues which are under scrutiny following the Latham review in relation to payment rules and notices.

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"Adjudication and its development in the United Kingdom"

10/11 September 2003

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"You have jurisdiction: Five Fatal Ways to Lose It"

Simon Tolson in a paper given as part of the King's College Adjudication Seminar, discusses ways in which jurisdiction, which was there at the inception of the adjudication, can be lost. The five "Fatal Ways" which are the subject of this paper are:

(i) The late referral or late decision;
(ii) The real possibility of bias;
(iii) Natural justice;
(iv) Making a decision which the adjudicator had no power to make; and
(v) Deciding a question not referred to the adjudicator.

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"Recent developments and future prospects"

9 May 2005

Jeremy Glover, in a paper given at the 11th Fenwick Elliott Adjudication Update Seminar, reviews some of the more interesting recent cases from the Court of Appeal, TCC, Scotland and New Zealand and updates the 7th Annual Sweet and Maxwell lecture he gave in November 2004, in considering the government consultation paper based on the review of the Housing Grants Act conducted by Sir Michael Latham.

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"What if it all goes wrong"

10 May 2004

Jon Miller, in a paper given at Fenwick Elliott's 9th Adjudication Update Seminar, explains how difficult it is to overturn an adjudicator's decision and provides guidance on the few occasions when that decision can be overturned, ignored or circumvented.

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"Is adjudication fit for purpose?"

Nicholas Gould, in a paper prepared for the 2006 AICA conference considers the status of an adjudicator's decision. Does an adjudicator's decision create a debt or alternatively, when seeking to enforce a decision of an adjudicator, is the cause of action the right or obligation in dispute by reference to the contract between the parties rather than the decision itself? In particular, Nicholas considers how you deal with abatement and common law or equitable set-off.

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