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Adjudication Cases

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    London Bus Services Ltd v Tramtrack Croydon Ltd
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    Litigation concerning the operation of PFI contracts and other concession agreements - this case raises the issue of a Concessionaire's obligation to make changes in the capacity of a light rail network.
    (Last reviewed: 08 January 2007; submitted: 12 May 2006)
    Adjudication - Enforcement: Hart v Fidler
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    If a referral notice is not served within seven days of intention to refer a matter of adjudication, then a subsequent award will not be enforceable unless late service of the notice has been waived by the other party.
    (Submitted: 22 December 2006)
    Adjudication - Set off: Knapman v Richard
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    Set off against an adjudicator's decision in respect of liquidated damages not awarded by the adjudicator will only be permitted where recovery of such damages is the logical conclusion of the adjudicator's decision.
    (Submitted: 22 December 2006)
    Arbitration and Adjudication: Harlow & Milner Ltd v Mrs Linda Teesdale
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    An adjudicator's award can be enforced by way of a charging order notwithstanding that there are arbitration proceedings still pending.
    (Submitted: 28 November 2006)
    Adjudication - Enforcement: McConnell v National Grid
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    A supplemental agreement will be subject to the Construction Act where its purpose is to make further provision in respect of the works covered by the original contract.
    (Submitted: 28 November 2006)
    Adjudication – Oral Contract: Lloyd Projects v Malnick
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    This case raised the question of whether a contract was sufficiently made or evidenced in writing to fall within the Construction Act.
    (Submitted: 23 October 2006)
    Adjudication – Costs: John Roberts v Parkcare
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    This case raises a new point on costs issues in adjudication arising out of abandonment of such proceedings.
    (Submitted: 23 October 2006)
    Adjudication - Notices: Bennetts v FMK
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    This was a case where the defendant contractor had served notice of intention to refer a dispute to adjudication under the JCT standard form.
    (Submitted: 23 October 2006)
    Adjudication - Jurisdiction: Allen Wilson v Buckingham
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    This case addresses the problems of jurisdiction in an adjudication resulting from a letter of intent.
    (Submitted: 23 October 2006)
    Adjudication – oral contracts - Redworth Construction v Brookdale Healthcare
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    In order to qualify as a written contract for the purposes of the Construction Act, the parties must have recorded in writing their entire agreement apart from trivial matters.
    (Submitted: 11 September 2006)
    Adjudication - Scope of dispute - Midland Expressway v Carillion Construction
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    There is nothing to prevent a claimant in adjudication from withdrawing a claim before an award is made and raising it again at a later adjudication.
    (Submitted: 01 August 2006)
    Interserve v Cleveland – set-off
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    This case involved an application for summary judgement to enforce an adjudicator's decision.
    (Submitted: 23 June 2006)
    Repudiation - Wembley Stadium
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    Case summary of Multiplex v Cleveland Bridge.
    (Submitted: 16 June 2006)
    Zissis v Carter - Appeals - Party wall award
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    Clarification of the appeal procedure for Party wall appeals.
    (Submitted: 19 May 2006)
    Safeway Stores v Interserve - Collateral warranties
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    Few cases have considered the substantive wording of collateral warranties but this case directly addresses an issue on which there appears to be no previous authority.
    (Submitted: 19 May 2006)
    Kier v City - Excess of jurisdiction
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    This case considers the Carillion judgement and the extent to which (if at all) earlier cases such as Buxton (2004) are still good law.
    (Submitted: 19 May 2006)
    Kershaw v Kendrick - Arbitration appeals
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    This was an appeal under section 69 of the Arbitration Act 1996 against an arbitrator's award on sums due to a sub-contractor on its final account.
    (Submitted: 19 May 2006)
    Capital v Time and Tide - Economic duress
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    This unusual case raises the issue of whether an adjudicator's award should be enforced where a defendant contends that the underlying agreement was entered into as a result of economic duress.
    (Submitted: 19 May 2006)
    Draft Corporate Manslaughter Bill - Government Reply
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    The Government's response to the first joint report from the Home Affairs and Work and Pensions Committees report on the Corporate Manslaughter Bill.
    (Submitted: 18 April 2006)
    Melville v Wimpey - Adjudication - Termination
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    Case summary of Melville Dundas v George Wimpey and Another.
    (Submitted: 18 April 2006)
    Enterprise v Strand - Insurance - Global Settlements
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    Case summary of Enterprise Oil v Strand Insurance Company.
    (Submitted: 18 April 2006)
    Dalkia v Celtech - Termination
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    Case summary of Dalkia Utilities v Celtech.
    (Submitted: 18 April 2006)
    Captiva v Rybarn - Development Agreements
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    Case summary of Captiva Estates Limited v Rybarn Limited.
    (Submitted: 18 April 2006)
    Ardmore v Taylor - Adjudication - Enforcement
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    Case summary of Ardmore Construction v Taylor Woodrow.
    (Submitted: 18 April 2006)
    British Gas v Amerada - Termination
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    Case summary of British Gas Trading Limited v Amerada Hess Limited and another.
    (Submitted: 18 April 2006)
    Adjudication - Costs
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    Case summary of John Roberts Architects Ltd v Parkcare Homes (No.2).
    (Submitted: 14 March 2006)
    Breach of statutory duty
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    Case summary of MoD v Thames Water Utilities Limited.
    (Submitted: 14 March 2006)
    Adjudication - Enforcement
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    Case summary of Michael John Construction v Golledge and Others.
    (Submitted: 14 March 2006)
    Adjudication - Disputes
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    Case summary of All In One Building v Makers UK Limited.
    (Submitted: 14 March 2006)
    Damage to Equipment – New Roads and Street Works Act 1991
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    Case summary of Telewest Limited v Yorkshire Electricity Distribution Plc 15 December 2005 (TCC) HHJ Grenfell
    (Submitted: 08 February 2006)
    Consultants' Duty of Care
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    Case summary of Ove Arup 21 December 2005 (Civil Division)
    (Submitted: 08 February 2006)
    Adjudication - PFI sub-contracts
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    Case summary of Midlands Expressway v Carillion Construction 24 November 2005 (TCC) (Mr Justice Jackson)
    (Submitted: 08 February 2006)
    Experts' Reports - reliance
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    Case summary of Gurney v Gleeds Health and Safety Limited 25 January 2006 (TCC) HHJ Coulson
    (Submitted: 08 February 2006)
    Adjudication - Enforcement
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    Case summary of David McLean Contractors Ltd v The Albany Building Ltd 10 November 2005 (TCC) HHJ Gilliland QC
    (Submitted: 08 February 2006)
    Identity of Parties
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    Case summary of Andrew Wallace v Artisan Regeneration Limited 10 January 2006 (TCC) HHJ Kirkham
    (Submitted: 08 February 2006)
    Termination of Contract - Repudiation at common law
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    Case summary of Shawton Engineering v DGP International 18 November 2005 (Court of Appeal)
    (Submitted: 09 December 2005)
    Leave to appeal against an Arbitrator's award
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    Case summary of Surefire Systems Limited v Guardian ECL Limited 10 August 2005 (TCC) Mr Justice Jackson.
    (Submitted: 09 December 2005)
    Letters of Intent
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    Case summary of Hackwood v Areen 28 October 2005 (TCC) Mr Justice Field.
    (Submitted: 09 December 2005)
    Insurance - Imminent Damage
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    Case summary of Gerling General Insurance Co. et al v Canary Wharf Group Plc 28 October 2005 (Commercial Court Mr Justice Clarke).
    (Submitted: 09 December 2005)
    Design Responsibility
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    Case summary of Emcor Drake and Scull Limited v Edinburgh Royal Joint Venture and Others 28 October 2005 (Outer House, Court of Session, Scotland).
    (Submitted: 09 December 2005)
    Adjudicator's Jurisdiction
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    Case summary of Carillion v Devonport 16 November 2005 (Court of Appeal).
    (Submitted: 09 December 2005)
    Assessment of Contribution
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    Case summary of Brian Warwicker v Hok International 27 July 2005 (Court of Appeal)
    (Submitted: 21 November 2005)
    Indemnity Clauses
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    Case summary of RWE Nukem v AEA Technology 20 October 2005 (Court of Appeal)
    (Submitted: 21 November 2005)
    Removal of Arbitrator
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    Case summary of Sinclair v Woods of Winchester and Harrison 14 July 2005 (TCC) HHJ Peter Coulson QC
    (Submitted: 21 November 2005)
    Pre-Action Protocol - Costs
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    Case summary of McGlinn v Waltham Contractors Limited & Others 24 June 2005 (TCC) HHJ Coulson QC
    (Submitted: 21 November 2005)
    Notices
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    Case summary of Lafarge (Aggregates) Limited v London Borough of Newham 24 June 2005 (Commercial Court) Mr Justice Cooke.
    (Submitted: 21 November 2005)
    Liability Caps
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    Case summary of Decoma v Haden Drysys 27 July 2005 (TCC) HHJ Coulson.
    (Submitted: 21 November 2005)
    Adjudication - Enforcement
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    A stay of enforcement of an adjudicator’s award will be granted if a defendant can be shown to be unable to repay the judgment sum should the adjudicator’s decision be reversed.
    (Submitted: 18 July 2005)
    Adjudication - Natural Justice
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    Adjudicators will not always be required to put their provisional conclusions for comment to the parties or to give full statements of their reasons; an error of fact or law in an award made within jurisdiction cannot justify a party’s refusal to comply with an adjudicator’s award.
    (Submitted: 14 June 2005)
    Adjudication - Late Awards
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    In Scotland, an adjudicator's award made after the 28 day period specified in the Construction Act (or any agreed extension) has expired will be invalid and unenforceable.
    (Submitted: 09 May 2005)
    Adjudication - Enforcement
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    Neither the Construction Act nor the Scheme made under it necessarily require a Notice of adjudication to be given before an application can be made for nomination of an adjudicator. However, the adjudicator cannot be appointed until the Notice is served.
    (Submitted: 09 May 2005)
    Adjudications - disputes
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    In adjudication, the scope of the “dispute” must be determined by first looking at what dispute the parties agree to refer, and secondly on what basis.
    (Submitted: 07 April 2005)
    Adjudication - Limitation and contract in writing
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    An adjudicator must take into account any limitation defence available to the parties when considering his award.
    (Last reviewed: 07 April 2005; submitted: 07 September 2004)
    Adjudication
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    There is nothing in the Construction Act to indicate that adjudications cannot be commenced after the relevant limitation period has expired. Any such proceedings will not be an abuse of process but the adjudicator is likely to take account of any limitation defence in his or her award.
    (Submitted: 07 April 2005)
    Adjudication
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    An Adjudicator must abide by a decision reached on a point decided in an earlier adjudication between the same parties.
    (Submitted: 31 January 2005)
    Adjudication - unfairness
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    A dispute may be present between the parties and therefore capable of being submitted to adjudication even though the parties continue negotiating after it has crystallised.
    (Submitted: 20 December 2004)
    Adjudication - Bias
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    In deciding whether to find that an adjudicator is biased, a court must consider where a fair minded and informed observer would consider that there was a real possibility of bias on his part.
    (Last reviewed: 20 December 2004; submitted: 27 May 2004)
    Adjudication - Enforcement of Decision
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    In appropriate cases the court may delay drawing up the judgment in an enforcement application so as to give the defendant an opportunity to conclude further related adjudication proceedings.
    (Last reviewed: 16 November 2004; submitted: 07 September 2004)
    Adjudication - Enforcement
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    A stay of enforcement of an adjudicator's award will only be granted if the paying party can show a very real risk of future non-repayment by the receiving party.
    (Last reviewed: 16 November 2004; submitted: 08 March 2002)
    Adjudication - Enforcement
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    An adjudicator's decision will be enforced if he has decided the right question even though he may have made an erroneous decision of law on a matter within his jurisdiction.
    (Last reviewed: 16 November 2004; submitted: 08 March 2002)
    Adjudication - jurisdiction
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    An Adjudicator’s decision will be enforced even where he has made an error as to his calculations in reaching the award. Even if there has been an excess of jurisdiction, the paying party may waive objection by part payment or inviting amendment pursuant to the slip rule.
    (Last reviewed: 16 November 2004; submitted: 13 February 2002)
    Adjudication - Enforcement
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    If a party to adjudication proceedings wishes to raise an issue as to whether it has been joined in its proper capacity, it should raise the issue as soon as possible if jurisdiction is to be disputed.
    (Last reviewed: 16 November 2004; submitted: 01 October 2004)
    Adjudication - Time Limits
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    An adjudicator’s decision produced later than the time limit prescribed by the Construction Act is still valid unless and until either party serves a fresh referral notice to another adjudicator.
    (Last reviewed: 16 November 2004; submitted: 24 June 2004)
    Adjudication - Stay of Enforcement
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    Case summary of Rainford house Ltd v Cadogan Ltd, 13 February 2001 (Technology and Construction Court) HHJ Seymour QC.
    (Last reviewed: 16 November 2004; submitted: 29 March 2001)
    Adjudicators’ Awards - Enforcement
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    Under the JCT, with Contractor’s Design, form of contract, failure to give notice of calculation or withholding under clause 30.3.3 or 30.3.4 will result in the amount of a contractor’s payment application becoming due and payable.
    (Last reviewed: 16 November 2004; submitted: 22 July 2004)
    Adjudicators’ Awards - Enforcement
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    Enforcement of an adjudicator’s award is likely to be refused where there is a real prospect of showing that an adjudicator gave a decision on a dispute not referred to him and/or has acted beyond on his jurisdiction.
    (Last reviewed: 16 November 2004; submitted: 22 July 2004)
    Adjudication - Enforcement: Karl Construction (Scotland) Limited v Sweeney Civil Engineering (Scotland) Limited
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    Case summary of Karl Construction (Scotland) Limited v Sweeney Civil Engineering (Scotland) Limited, 21 September 2000, Outer House Court of Session (Scotland), Lord Caplan.
    (Last reviewed: 16 November 2004; submitted: 01 March 2001)
    Adjudication - Enforcement
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    An adjudicator's decision will be enforced notwithstanding that there are other disputes between the parties, even if they involve greater sums than the subject of the award.
    (Last reviewed: 16 November 2004; submitted: 08 March 2002)
    Enforcement of Adjudication under the Housing Grants Construction and Regeneration Act 1996 (the Act)
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    First Court of Appeal decision on the adjudication provisions of the Act.
    (Last reviewed: 16 November 2004; submitted: 13 December 2000)
    Adjudication - Enforcement
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    Barr Limited v Law Mining Limited (Outer House, Court of Session, Scotland, 15 June 2001).
    (Last reviewed: 16 November 2004; submitted: 19 July 2001)
    Adjudication - Human Rights
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    The impact of a recent case that seeks to protect the adjudication scheme from challenges based on human rights legislation.
    (Last reviewed: 16 November 2004; submitted: 18 May 2001)
    Adjudication - Mediation and Bias
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    Review of Glencot development v Ben Barrett, 13 February 2001 (Technology and Construction Court) HHJ Lloyd QC.
    (Last reviewed: 16 November 2004; submitted: 29 March 2001)
    Adjudicators’ Jurisdiction
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    Review of Fence Gate Limited v James R Knowles Limited (Technology and Construction Court, Salford) HHJ Gilliland QC - 31 May 2001.
    (Last reviewed: 16 November 2004; submitted: 22 June 2001)
    Can a Construction Adjudicator Consider more than one Issue Arising out of the same Referral?
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    Case summary of Fastrack Contractors Ltd-v-Morrison Construction Ltd (Technology and Construction Court, 4 January 2000).
    (Last reviewed: 16 November 2004; submitted: 03 July 2000)
    Adjudication - 'Disputes'
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    In an adjudication under the Construction Act, the adjudicator must only take into account matters raised in the notice of referral. To be considered, such matters must already be in dispute between the parties before this is served.
    (Last reviewed: 16 November 2004; submitted: 08 May 2002)
    Adjudication and the Human Rights Act
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    Case report of Elanay Contracts Limited v The Vestry (Technology and Construction Court, 30 August 2000).
    (Last reviewed: 16 November 2004; submitted: 14 November 2000)
    Enforcement of an Adjudicator’s Award
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    Case summary of Discain Project Services v Opecprime Developments Limited (Technology and Construction Court, 9 August 2000).
    (Last reviewed: 16 November 2004; submitted: 14 November 2000)
    Adjudication - Subsequent Agreements
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    Case summary of Cygnet Health Care Plc v Higgins City Limited 6 (September 2000, Technology and Construction Court, HHJ Thornton Q.C).
    (Last reviewed: 16 November 2004; submitted: 26 January 2001)
    Adjudication - Jurisdiction
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    Enforcement of an adjudicator’s award will be refused where the adjudicator has not acted impartially and this may be the case if one party has not had sufficient time to respond to new material put forward by the other.
    (Submitted: 27 May 2004)
    Adjudication - Jurisdiction
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    A Deed of Variation to a Construction Contract entered into before 1 May 1998 will not be covered by the Construction Act unless it amounts to a new contract for Construction operations.
    (Submitted: 08 April 2002)
    Adjudication - Enforcement
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    An error of law as to the terms of payment under a contract can amount to an irrelevant consideration on the part of an adjudicator so that his award on that basis would not be enforced as it has been made outside his jurisdiction.
    (Last reviewed: 08 March 2002; submitted: 05 October 2001)
    Adjudication - Natural Justice
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    Adjudicators: it's good to talk.
    (Last reviewed: 16 January 2002; submitted: 18 May 2001)
    Construction of Arbitration Clauses
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    Case summary of David Wilson Homes v Surrey Services Limited, 18 January 2001 (Court of Appeal).
    (Last reviewed: 16 January 2002; submitted: 01 March 2001)
    Time Limits in Arbitration
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    Case report of John Mowlem Construction plc v Secretary of State for Defence (Technology and Construction Court, 27 June 2000).
    (Last reviewed: 15 January 2002; submitted: 14 November 2000)

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