Those involved in the construction industry will often find themselves having to decide on the correct forum for dispute resolution, with court proceedings, arbitration and adjudication each having their own pros and cons.
Recent government proposals to increase some court fees by as much as 600% suggested that court proceedings might be set to become a less attractive proposition. However, the proposed increases are to be challenged in a judicial review action brought by a number of parties headed by the Law Society. Law Society president Andrew Caplen has described the proposed increases as “a flat tax on those seeking justice” and has raised concerns about small businesses being left in a position where they cannot afford to pursue debts.
Of course, parties involved in the construction industry are already able to refer disputes to adjudication to obtain a relatively quick and affordable decision, however we would argue that it is in the interests of the construction industry (and society as a whole) to ensure that litigation remains a viable option not just for those with the deepest pockets.