Posts by Paul Flook

  • Adjudicating an oral contract

    From 1 October 2011, for the first time, parties will be entitled to refer disputes arising under wholly or partly oral contracts entered into after this date to adjudication. We will have to wait and see whether this change produces an avalanche of new claims but, even if it doesn’t, clients, their advisers, adjudicators and … Continue reading Adjudicating an oral contract

  • Non-compliant adjudication provisions and the Scheme: what should happen?

    The decision in Banner Holdings Limited v Colchester Borough Council has already caught the attention of Matt Molloy. It is another decision of the TCC on a Part 8 claim dealing with non-compliant adjudication clauses, and it raises (and indeed revisits) a number of interesting issues.

  • A mere technicality?

    The TCC takes a robust approach to enforcing adjudicators’ decisions and a dim view of parties “simply scrabbling around to find some argument, however tenuous, to resist payment” (Chadwick LJ, Carillion Construction Ltd v Devonport Royal Dockyard). However, a technical breach by one of the parties can result in the court declining to enforce an … Continue reading A mere technicality?