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ARTICLE · 04 SEPTEMBER 2013

Five Practice Points We Have Learnt About Adjudication In The Last Six Months

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This twenty-sixth issue of Insight looks at five key adjudication decisions that have been handed down by the courts over the past six months that have considered, amongst other issues, (i) running multiple disputes, (ii) resisting enforcement, (iii) resisting payment and (iv) having more than one bite of the cherry.

United KingdomReal Estate and Construction
Lisa Kingston
Lisa Kingston
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This twenty-sixth issue of Insight looks at five key adjudication decisions that have been handed down by the courts over the past six months that have considered, amongst other issues, (i) running multiple disputes, (ii) resisting enforcement, (iii) resisting payment and (iv) having more than one bite of the cherry.

What can we learn from them in practice?

Running multiple disputes

Can you serve numerous Notices of Adjudication at the same time for determination by the same adjudicator? Willmott Dixon Housing Ltd (formerly Inspace Partnerships Ltd) v Newlon Housing Trust [2013] EWHC 798 (TCC)

In a non-Scheme adjudication, yes.

The decision

In this case, Newlon maintained that referring two adjudications simultaneously was contrary to section 108 of the HGCRA (and also the CIC Rules which applied here), which only allows adjudicators to determine one dispute at any one time.

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