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ARTICLE · 20 JULY 2005

Natural Justice in Adjudication: CIB v Birse

Keating Chambers
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The theme of this paper is the judgement of HH Judge Toulmin in the Technology and Construction Court in CIB Properties Ltd v Birse Construction [2005] BLR 173. Before turning to the facts of CIB v Birse, it would be instructive to recall the words of Lord Ackner in the House of Lords during the debate on what is now the Housing Grants Construction and Regeneration Act 1996 (HGCR Act).

United KingdomReal Estate and Construction
Adam Constable, MA
Adam Constable, MA

This article is based on a paper given by the author to the Arbitration Club Law Courts Braneh Seminar on 11 January 2005.

Introduction

The theme of this paper is the judgement of HH Judge Toulmin in the Technology and Construction Court in CIB Properties Ltd v Birse Construction [2005] BLR 173. Before turning to the facts of CIB v Birse, it would be instructive to recall the words of Lord Ackner in the House of Lords during the debate on what is now the Housing Grants Construction and Regeneration Act 1996 (HGCR Act) when he said:

"Adjudication is a highly satisfactory process. It comes under the rubric of

"pay now argue later" which is a sensible way of dealing expeditiously and relatively inexpensively with dispute which might hold up completion of important contracts."

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