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.
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.
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.
8 November 2004
Nicholas Gould, in a paper given at the 10th Fenwick Elliott Adjudication Update Seminar, reviews recent case law including the Connex v MJ Building, William Verry Ltd v North West London Communal Mitvah, Alstom Signalling v Jarvis Facilities and McAlpine PPS Pipeline v Transco Plc cases. He also discusses changes to the ICE Conditions of Contract and recent developments in adjudication and dispute adjudication boards abroad.
14 November 2003
Julian Critchlow highlights the key recent trends in adjudication in a paper given at the Construction Law Masterclass. The paper deals with the question of the crystallisation of a dispute (and other jurisdictional matters) and discusses attempts made by losing parties to raise a set-off against an adjudicator’s decision. It also comments on attempts made to suggest that actions of adjudicators have been outside the principles of natural justice.
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