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Enforcement

RPC
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United Kingdom
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December 31 2008

Where an adjudicator states that his decision is not reasoned, those words are not conclusive as to whether or not that is, in fact, the case

Dispute already decided

RPC
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United Kingdom
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December 31 2008

If an adjudicator finds himself in the position that he cannot properly, reasonably and fairly make a decision on some element of the claim, he must make it clear to the parties that that is the case

Adjudication: CPR Part 8: appeal of an adjudicator’s decision

RPC
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United Kingdom
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December 31 2008

Although an adjudicator's decision is temporarily binding on the parties, it is thereafter open to either party to come to court for a final decision on the point considered by the adjudicator

How long do I have to challenge an award?

RPC
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United Kingdom
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October 7 2009

In Jim Ennis Construction Limited v Premier Asphalt Limited 2009 EWHC 1906 (TCC), the TCC had to decide, for the first time, the issue of the nature and date of accrual of the cause of action where a losing party to an adjudication brought under Part II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA) subsequently commences court proceedings to seek a final determination of the matters decided by the adjudicator, with a view to recovering monies paid to the winning party in compliance with the adjudicator’s decision

Adjudication and the ongoing battles on enforcement

RPC
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United Kingdom
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October 7 2009

In Primus Build Ltd v Pompey Centre Ltd & Anor 2009 EWHC 1487 (TCC), the court concluded that the claimant had complied with a contractual requirement that a Notice of Adjudication was “delivered personally” or sent by fax to the address stated in the contract when it served its Notice of Adjudication by recorded post, which was received by Pompey’s solicitor the following day

When does the right to set-off exist?

RPC
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United Kingdom
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October 7 2009

In Workspace Management Ltd v YJL London Ltd 2009 EWHC 2017 (TCC), the court had to decide whether a contractor was entitled to set off an adjudicator’s decision in its favour against sums it was obliged to pay the employer under an arbitrator’s award relating to the same contract

Adjudication: nomination of adjudicator

RPC
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United Kingdom
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June 30 2009

The TCC decision in Bovis Lend Lease Ltd v Cofely Engineering Services 2009 EWHC 1120 provides a reminder that, where the contract stipulates how an adjudicator is to be nominated, strict compliance is required

Adjudication: natural justice

RPC
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United Kingdom
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June 30 2009

Withholding notices continue to cause problems

Adjudication: enforcement

RPC
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United Kingdom
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June 30 2009

What happens when a court is asked to enforce two different decisions reached in separate adjudications that decided different things but which might or do impact on each other?

Payment of adjudicator’s fees

RPC
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United Kingdom
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March 31 2009

In adjudication, the ability of an adjudicator to obtain fees depends on there being a contractual right to payment under the Adjudicator’s Agreement with one or both of the parties

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