9 May 2005
Toby Randle in a paper given to the 11th Fenwick Elliott Adjudication Update Seminar, outlines some of the alternatives to adjudication and when they might be appropriate to use.
Adjudication
Click to download PDF"How to win!"
10 May 2004
Victoria Russell, in a paper given at Fenwick Elliott's 9th Adjudication Update Seminar, sets out some of the steps you need to take to put your case in good order prior to embarking on adjudication proceedings - including working out how best to present and pursue your claim.
"Adjudication – key recent developments and decisions"
Tony Francis, in a paper given to clients in November 2006, reviews recent adjudication enforcement decisions and discusses whether the Courts are actively discouraging parties from challenging adjudicator's decisions. In particular, Tony looks at the ever increasing scope of adjudications, actions relating to professional negligence claims, the so-called “kitchen sink” adjudication and issues relating to natural justice.
"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.
"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.