At the Adjudication Society Conference in Manchester on 20 November 2024, King’s College London unveiled the third and final report of its research project on construction adjudication, conducted in collaboration with The Adjudication Society. In this blog, Katherine Butler takes a closer look at the report's findings, exploring recent adjudication statistics, referral trends, and the addressing the issue of diversity among adjudicators.
Our collective thoughts
Posted November 25, 2024 | Published in Dispute resolution
Posted November 11, 2024 | Published in Procurement
Claire King takes a closer look at “Constructing the Gold Standard” (the “Review”), a 24-point plan designed to help clients and their supply chain optimise the procurement process and deliver the best outcomes possible. In this blog, Claire shares insight from a recent Fenwick Elliott panel discussion which featured Professor David Mosey, who led the Review.
Posted August 20, 2024 | Published in Dispute resolution
Paul Smylie reports on the Court of Appeals decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962, which held that the Contractor was entitled to terminate its employment based on just two late payments, each of which was rectified within 14 days.
Posted July 10, 2024 | Published in Dispute resolution
Adele Parsons reports on the UK Supreme Court’s decision in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2024] UKSC 23, which has provided welcome guidance on whether a collateral warranty is a “construction contract” as defined by the Construction Act.
Posted May 31, 2024 | Published in Dispute resolution
In this blog post, Katherine Butler discusses the recent TCC decision, which sets out a useful summary of the law relating to the construction of settlement terms. The judgment serves as a cautionary tale, highlighting the importance of the wording used in settlement agreements.
Posted May 20, 2024 | Published in Dispute resolution
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.
Posted May 15, 2024 | Published in Contracts & documentation
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.
Jeremy Glover
Ted Lowery
Nicholas Gould
Jon Miller
Andrew Davies
Claire King
Lucinda Robinson
Martin Ewen
Sana Mahmud
Adele Parsons
George Boddy
Mark Pantry
Ben Smith
Laura Bowler
Katherine Butler
Andrew Jeffcoat
Ruth Leake
Matthew Simson
Paul Smylie