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ARTICLE · 19 MAY 2015

Adjudication Practice Points Over The Past Eight Months

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There have been a fair few interesting adjudication decisions over the past eight months, but probably the most important and noteworthy have been those concerning the adjudicator nomination process, ..

United KingdomReal Estate and Construction
Lisa Kingston
Lisa Kingston
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There have been a fair few interesting adjudication decisions over the past eight months, but probably the most important and noteworthy have been those concerning the adjudicator nomination process, staying enforcement on the grounds of "exceptional circumstances" and "manifest injustice", and adjudicator's errors. This 46th issue of Insight examines each of these decisions in turn and considers what can be learnt from them in practice.

Will there be a breach of the rules of natural justice if the adjudicator fails to notice a crucial document upon which the adjudication turns?

Broughton Brickwork Limited v F Parkinson Limited [2014] EWHC 4525 (TCC)

No, unless there was a deliberate decision on the part of the adjudicator to disregard it.

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