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UK adjudication: Construction Act "Residential Occupier" exception considered by High Court
The "residential occupier" exception to the compulsory adjudication provisions in section 106 of the Housing Grants, Construction and Regeneration …
UK adjudication: first case of 2013 on natural justice
The English High Court has ruled that there was nothing improper, in a case involving successive adjudications, for a second adjudicator to look at and …
UK: adjudicator allowed to rule on his own jurisdiction
If parties agree that an adjudicator can determine his own jurisdiction and that his decision will be binding on them, then, on an application for …
UK High Court reviews temporary binding effect of adjudicator's decision
A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or …
UK: further case on enforcement and severability of adjudicator's decision
In its third judgment on severability in 2012 (see earlier cases Working Environments Ltd v Greencoat Construction [2012] EWHC 1039 …
UK adjudication: Court of Appeal denies adjudicator his fees in light of breach of natural justice
The Court of Appeal in PC Harrington Contractors Ltd v. Systech International Ltd [2012] EWCA Civ 1371 has held that where an adjudicator produces a …
Clear wording is needed to constitute a submission to the jurisdiction of an adjudicator to resolve a dispute
In Clarke v JMD [2012] EWHC 2627 (TCC) the court found that the parties had not entered into an ad hoc adjudication, contrary to the …
Scottish court reviews the applicability of natural justice to an adjudicator's decision
An adjudicator's decision will only rarely be challengeable on the ground of inadequate reasons. It would have to be shown that the reasons were so …
Recent judgments confirm set off 'exceptional' in relation to adjudicators' decisions
In Beck v Classic [2012] EWHC 1956 (TCC) and Squibb v Vertase [2012] EWHC 1958 the English High Court has ruled that adjudicators' …
Crystallisation of disputes and severability/part-enforcement of adjudicator's decision
The TCC has held in Beck v UK Flooring [2012] EWHC 1808 (TCC) that a dispute cannot crystallise until a claim is not …
WW Gear v McGee: Court rules on declarations sought during adjudication
The case of W W Gear v McGee [2012] EWHC 1509 (TCC) related to a declaration sought by the employer under a JCT trade …
Adjudicator answers correct question so decision enforced in Urang Commercial Ltd v Century Investments Ltd and Eclipse Hotels (Luton) Ltd [2011] EWHC 1561 TCC
Edwards-Stuart J in the Technology and Construction Court considered applications for summary judgment in two separate adjudication enforcement actions, …
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