- July 21, 2021
Stays of execution in adjudication enforcement: when are the merits of the underlying claim relevant?
The starting point, and usually the end point, in construction adjudication is that the court will enforce an adjudicator’s decision however plainly wrong their decision was. That is, of course, unless they lacked jurisdiction to reach their decision or materially breached the rules of natural justice. That was Parliament’s intention when it enacted the Construction Act … Continue reading Stays of execution in adjudication enforcement: when are the merits of the underlying claim relevant? →
- November 20, 2020
When is an offer to settle a Part 36 offer?
A Part 36 offer is an important tactical weapon that can be used by either party to encourage the other side to settle a dispute. That is because a Part 36 offeror may be entitled to substantial costs benefits if successful at trial. However, in order to benefit an offeror must comply with the rules set … Continue reading When is an offer to settle a Part 36 offer? →
