Earlier articles - in HTML format

"Adjudication - key recent developments and decisions"
November 2006

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.
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"Is the Enforcement of an Adjudicator's Decision a Foregone Conclusion?"
May 2006

Karen Gidwani, in a paper given at the 12th Fenwick Elliott Adjudication Update Seminar, discusses whether in the light of the recent Court decisions, for example, Carillion v Devonport Royal Dockyard, the enforcement by the Courts of Adjudicators' decisions is a foregone conclusion.
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"Adjudication cases - Major developments"
22 November 2005

Dr Julian Critchlow, in a paper given at the IBC Masterclass, reviews the recent developments in adjudication enforcement cases which have come before the Courts. The paper focuses primarily on matters relating to jurisdiction and natural justice.
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"Recent developments and future prospects"
9 May 2005

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.
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"Alternatives to Adjudication"
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.
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"An expensive way to flip a coin"
4 February 2005

Toby Randle in article which appeared in Building sets out why he
advises some construction clients embroiled in complex cases to bypass the adjudication process and initiate court proceedings.
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"Recent developments: domestic and international"
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.
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"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.
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"Adjudication: effective dispute resolution - starting an adjudication"
October 2004

Jon Miller, in a paper given to the Association of Independent Construction Adjudicators annual conference at Wolverhampton, highlights the common problems faced when starting an adjudication and provides some ideas (to both parties and adjudicators) on how to manage referrals to make the adjudication process more efficient.
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"Adjudication law: enforcement and jurisdiction"
August 2004

In a paper given as part of the MsC/Diploma in Construction Law and Arbitration course at King's College London, Nicholas Gould reviews recent developments to the adjudication case law. In particular, he considers whether the courts are continuing to adopt the purposeful and robust approach of the early enforcement cases or whether they are now attending to adopt a more restrictive approach.
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"What if it all goes wrong"
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.
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"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.
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Adjudication: Current themes and practice
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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Adjudication and its development in the United Kingdom
10/11 September 2003

Victoria Russell outlines the development of adjudication in the United Kingdom in a paper given to the International Construction Conference in Kuala Lumpur, Malaysia. She comments on whether adjudication is a success or failure looked at five years after its implementation by the Housing Grants, Construction and Regeneration Act 1996. Within her review, she highlights the important differences between adjudication and ADR, litigation and arbitration. The conference was organised by the Chartered Institute of Building in Malaysia and the Malaysian Association of Master Builders.
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Case law update: The shifting sands
10 November 2003

In a paper given to Fenwick Elliott's 8th Adjudication Update Seminar, Matthew Needham-Laing reviews recent case law including the Orange v ABB, Dean & Dyball Construction Ltd v Kenneth Grubb Associates Ltd and Comsite Projects Ltd v Andritz cases.
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What makes a bad decision?
12 May 2003

Jeremy Glover discusses attempts to withhold payment by the losing party following adjudicators' decisions, in a paper given at the 7th Fenwick Elliott Adjudication Update Seminar. In particular, he focuses on the impact of the Court of Appeal decision in Levolux v Ferson.
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Adjudication law: Enforcement and jurisdiction
22 October 2003

In a paper given as part of the MSC/Diploma in Construction Law and Arbitration course at King's College London, Nicholas Gould reviews recent developments in adjudication case law. He questions whether the courts were continuing to adopt the purposeful and robust approach of the early enforcement cases or were tending to adopt a more restrictive approach.
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An updated version of this article was produced in August 2004 and also appears on this site.

Adjudication: The legal framework
February 2003

Nicholas Gould reviews general developments in adjudication in a paper given as part of the MSC/Diploma in Construction Law and Arbitration course at Kings College London. He also highlights some of the important decisions in respect of the payment mechanisms of the Housing Grants Construction Regeneration Act, in particular withholding notices.
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What I don't like about adjudicators!
2 October 2002

Simon Tolson sets out what he calls the "ten deadly sins" or the 10 areas where he feels adjudicators could do better, in an article written for the Adjudication Society.
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Construction adjudication, DTI reforms and latest cases of payment and enforcement
January 2002

In a construction law programme for TEN (The Einstein Network), Simon Tolson looks at the - then current - DTI proposals for improving adjudication in the construction industry; the latest cases on payment and withholding notices; and the interplay between the Companies Court and the Housing Grants Construction Regeneration Act.
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Enforcement and recovery
20 September 2001

In a paper given at a Central Law Training conference, Simon Tolson sets out some of the difficulties encountered when trying to enforce an adjudicator's decision and/or recover the sums awarded by an adjudicator. He also suggests ways of dealing with these difficulties.
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Human rights, natural justice and adjudication
17 May 2001

Simon Tolson, in a lecture given to the Royal Institution of Chartered Surveyors, summarises the early adjudication decisions affected by the UK Human Rights legislation and the concept of natural justice.
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A Second bite of the cherry
May 2001

Jeremy Glover sets out the principles of the Hershel Engineering Ltd v Breen Properties Ltd case (in which he acted for the successful party). This confirms that you can still refer the matter in dispute to adjudication and obtain a swift interim remedy, even if you have started proceedings.
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Adjudication defined
1998

Robert Fenwick Elliott sets out the legal nature of adjudication in an article written before the adjudication provisions of the Housing Grants Construction and Regeneration Act came into force.
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Construction industry law letter: Editorial for special adjudication edition
1998

Tony Francis, the editor of the Construction Industry Law Letter, wrote an editorial on what adjudication was intended to be for the special edition of the newsletter produced when adjudication was introduced.
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