I read an interesting article in the Law Society Gazette by Masood Ahmed about enforcing judgments.
REUTERS | Stephen Hird
December 9, 2009
No abuse please
REUTERS | Jason Lee
December 8, 2009
Drafting the Notice of Adjudication
The recent Adjudication Society event focused on nominating adjudicators. It was a group discussion in the style of “Question Time“, with a number of nominating bodies represented (TeCSA, CEDR, ICE, RICS, IDRS).
The discussion was very interesting but, unfortunately, for those who did not attend, the Chatham House Rule applies, and so I can’t tell you about the list of issues, or the answers! I know, what a spoil sport. Building you up something, only to drop you flat! Continue reading
REUTERS | John Kolesidis
December 4, 2009
TCC adjudication practice continues to develop…
Those involved in adjudication and, in particular, adjudication enforcement, will be familiar with the procedure laid out in section 9 of the TCC Guide; a procedure that developed after the Construction Act 1996 came into force in May 1998. Quite how many times this procedure has been used over the last ten years is difficult to estimate, but a significant body of case law has developed as a result. Continue reading
REUTERS | Eric Thayer
December 1, 2009
Is adjudication always suitable for resolving a dispute?
I was recently involved in a case that came before HHJ Seymour QC in the Queen’s Bench division of the High Court. Rather than acting as an adjudicator and having my decision challenged on enforcement, I was acting as a joint expert for the parties. It was unusual to be on the other side of the fence for a change.
The case involved three properties, one claimant, two defendants and a third party (or part 20 defendant in modern parlance). Issues in the case were less than straightforward: Continue reading
REUTERS | Lisi Niesner
December 1, 2009
Excuses, excuses… sometimes they really do work
The statutory right to suspend performance of all contractual obligations for non-payment was granted to contractors when the Construction Act 1996 was brought into force, more than 10 years ago.
REUTERS | Petar Kujundzic
November 30, 2009
November 2009 digest: rainfall, climate change and Copenhagen
In the words of Guns N’ Roses (in November Rain):
“‘Cause nothin’ lasts forever
Even cold November rain”
or, if we want to be a bit more highbrow, in the words of Sir Walter Scott:
“November’s sky is chill and drear,
November’s leaf is red and sear.” Continue reading
REUTERS | Mike Blake
November 25, 2009
Crystallisation and severability of disputes: issues arising from Allied v Paradigm
Akenhead J’s judgment in Allied P&L Ltd v Paradigm Housing Group Ltd raises several interesting questions about adjudication enforcement. PLC Construction has discussed the case with Calum Lamont, counsel for Allied at the enforcement hearing, to identify some of these issues.
Following that discussion, here are PLC Construction’s thoughts on some key points.
REUTERS | Alex Domanski
November 24, 2009
Should the adjudicator split his costs decision by issue?
I was reading Akenhead J’s decision in Allied v Paradigm and, aside from the issue of whether the adjudicator had jurisdiction (was there one dispute – termination – or two disputes – termination and damages), one comment in particular caught my eye. Continue reading
REUTERS | Issei Kato
November 23, 2009
Does the law allow suppression of evidence?
I saw a good film recently called The Bank Job, which is loosely based on the 1971 Baker Street Robbery.
The plan is to break into safety deposit boxes, which the robbers think will contain large amounts of cash and valuables. I won’t give the story away, but the Security Service, MI5, gets involved because the owner of one of the boxes is “of interest”. Continue reading
REUTERS | Beawiharta
November 18, 2009
State your intentions…
This week, we have reported on another Court of Appeal decision on a letter of intent. (Earlier this year, the Court of Appeal gave judgment in RTS v Muller.) The case (Whittle v Hollywood) sounds very rock and roll… Continue reading
