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Declaration : Declaration sought that a labour only contract could be terminated at will and the work retendered to a third party : Held : Such terms are lawful but clear words needed. TCC 4th July 2003.
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| by His Honour Judge Humphrey Lloyd : Crown Copyright |
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| Jurisdiction : Bias : Adjudication 1 failed ? wrong adjudicator : Adjudication 2 failed ? failure to disclose legal advice received by adjudicator. 19th September 2003 |
| by His Honour Judge Humphrey Lloyd. Crown Copyright |
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| Adjudicator's decision dlivered two days late : court held that whilst it is advisable to get an agreement for an extension of time the delay was excusable and the decision was enforceable. 20th June 2003 |
| by His Honour Judge Humphrey LLoyd : Crown Copyright |
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| Meaning of a Dispute : Application for stay of adjudication on basis of no dispute: refused because the applicant had had 2? weeks pre notice to respond. TCC. 20th March 2003 |
| by Mr Justice Forbes : Crown Copyright |
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| Settlement agreement : An attempt to enforce two adjudication decisions failed because the claimant had cashed a cheque issued in final settlement of the claims. TCC. 10th June 2003. |
| by His Honour Judge David Wilcox. Crown Copyright |
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| Fairness : An arbiter can use his personal knowledge to evaluate parties assertions but must share his expert opinions with the parties for comment. CA. 6th February 2003 |
| by Ward LJ, Mummery LJ, Jonathan Parker.LJ : Crown Copyright |
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Extension of time : Contractor failed to comply with contract requirements for extension of time: Late completion. Second Division, Inner House Court of Session. 20th May 2003.
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| by Lord Justice Clerk, Lord Kirkwood, Lord McCluskey. Crown Copyright |
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| Foreign Jurisdiction : Brussels Convention does not oust jurisdiction of adjudicator for operations in UK since resolution not final. Also failed exemption under s105 HGCRA 1996. 30th April 2003 |
| by Her Honour Judge Frances Kirkham. Crown Copyright |
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Enforcement, set off : Witholding notice: Liquidated damages formed subject matter of a withholding notice issued after adjudicator?s decision : held too late ? enforcement granted. Extra Division, Inner House Court of Session. 11th April 2003.
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| by Lord Osborne, Lord Hamilton, Lord Carloway. Crown Copyright |
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| Natural Justice : Adjudicator took legal advice but neither shared it with the parties nor invited comments ? held no enforcement breach of natural justice. Outer House Court of Session 17th December 2003 |
| by Lord Drummond Young. Crown Copyright |
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| Transparency : CIC adjudication procedure ? parties to be interviewed separately and given summary of interview : Held ? parties had waived right to be present. 28th October 2003. |
| by His Honour Judge Richard Seymour. Crown Copyright |
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| Costs of representation : Clause 1 Orsa gave adjudicator power to award legal costs : Power included a requirement for adjudicator to carry out taxation before costs become due. Outer House, Court of Session. 11 April 2003 |
| by Lord Drummond Young : Crown Copyright |
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| Adjudicator?s fees : Winner paid his share of fees ? adjudicator sued winner as joint and several and loser for his share : Held ? pay up and pay costs of enforcement. City of London Court. 30th June 2003. |
| by CHS - Summary : Judgment : District Judge Trent. |
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| Set off against decision. Bovis Leaselend v Triangle contrasted with Levelox v Fearson : No set off against adjudicator?s decision permitted CA followed.1st February 2003. |
| by CHS - Summary : Judgement : His Honour Judge Hull. QC. |
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| Meaning of Dispute : Extension of Time (EOT) subject to architect?s determination under JCT : Since time for determination had not elapsed no dispute had arisen. 19th March 2003 |
| by His Honour Judge Richard Seymour. Crown Copyright |
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| Enforcement of decision : Compare Bovis v T : Contract provided that on termination of contract no further sums payable : Could a post adjudication termination defeat decision? NO. 22nd January 2003 |
| by Ward LJ. Mantell LJ. Longmore LJ. Crown Copyright |
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| Underwriter guarantors : To enforce a claim against a losing defendant?s insurers the claimant must first secure enforcement against the assured then move against the insurers. Leeds District Registry QBD : 12th May 2003 |
| by His Honour Judge John Behrens : Crown Copyright |
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| Construction contract: An adjudication winner, whilst claiming enforcement subsequently denied there was a contract : big mistake, since adjudication became invalid. 1st December 2003 |
| by His Honour Judge Richard Seymour. Crown Copyright |
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Error of law on face of record : Surveying is covered by HGCRA : Adjudicator can award damages : Adjudicator may be wrong ? no challenge ? but must ask right question. Second Division, Inner House Court of Session. 24th December 2003.
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| by Lord Justice Clerk, Lord Macfadyen, Lord Caplan : Crown Copyright |
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| Withholding notice : No after the event set off permitted against decision where issue not put to adjudicator and no Witholding notice issued. Lothian and Borders. 20th August 2002 |
| by Sheriff Isobel Anne Poole. Crown Copyright |
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| Contract Procedure : Letters of intent : formation of contract : quantum meruit : oral and written terms : estoppel : amendment of claim : damages. 6th March 2003. |
| by Mr Recorder John Uff QC. Crown Copyright |
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Contract Procedure : Letters of intent : formation of contract : quantum meruit : oral and written terms : estoppel : amendment of claim : damages. Appeal Dismissed. CA : 13th November 2003.
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| by Dame Elizabeth Butler-Sloss, Brooke LJ, Latham LJ. Crown Copyright |
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| Enforcement, set off : Withholding notice : Liquidated damages formed subject matter of a withholding notice issued after adjudicator?s decision : held too late ? enforcement granted. Judicial Review The Highland Council lost adjudication and ordered by court to pay : Commenced an adjudication for late completion : Attempted set off of court order : Not allowed. Outer House, Court of Session. 5th August 2003 |
| by Lord Carloway. Crown Copyright |
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| Existence of Dispute : Bias : On the facts a dispute had chrystalised: The adjudicator made every effort to ensure defendant had all relevant paperwork : No stay for insolvency allowed. 3rd October 2003. |
| by The Honourable Mr Justice Forbes : Crown Copyright |
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| Finality of interim Accounts : An attempt to render a final settlement of interim accounts signed off by a project manager failed because he had no contractual capacity. Colin Reese QC. 21st June 2003 |
| by Recorder Colin Reese (Depute Judge). Crown Copyright |
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| Insolvency : Adjudicator?s decision can be the subject matter of a statutory demand : In absence of a legal challenge ? demand can be validly made : Costs awarded. High Court in Bankruptcy. 14th March 2003. |
| by Registrar Derrek : Crown Copyright |
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| Construction contract : Adjudicator applied JCT terms to a DOM 1 dispute : Since wrong contract applied decision a nullity ? could not be corrected under slip rule. 15th January 2003. |
| by His Honour Judge Thornton. Crown Copyright |
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| Fees, ambush : Dispute? An hourly rate is permissible instead of a fixed fee :A dispute as to entitlement is permitted even in absence of quantum details. Ambush established. 18th December 2003. |
| by His Honour Judge David Wilcox. Crown Copyright |
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| Voluntary adjudication : Residential contract ? with contractual adjudication : Held complied with UCTA 1977 : Precarious finances of contractor due to non-payment. Pay up. TCC. 17th July 2003. |
| by His Honour Judge Moseley. Crown Copyright |
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| Recovery of legal fees for advice in respect of litigation, arbitration and adjudication of a construction dispute. 17th December 2003. |
| by His Honour Judge Humphrey Lloyd : Crown Copyright |
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| Meaning of Dispute : A month had elapsed from service of claim to issue of notice of intention : in absence of a response a dispute had crystallised. TCC. 22 May 2003 |
| by Her Honour Judge Frances Kirkham : Crown Copyright |
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| Construction contract : Was the contract a JCT or bespoke ? Matter was never settled, so an unwritten quasi-contract existed ? which is outside scope of HGCRA. C.A. 21st November 2003. |
| by May LJ, Lady Justice Hale, Mr Justice Hooper : Crown Copyright |
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| Construction contract :Was the contract a JCT or bespoke ? Matter was never settled, so an unwritten quasi-contract existed ? which is outside scope of HGCRA. TCC. 14th February 2003 |
| by His Honour Judge Thornton : Crown Copyright |
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| Adjudicators fees : Assertion of breach of Cl9 provision dispute settled by previous adjudication. Adjudicator held No. Was adjudicator entitled to fees cl25? YES. 15th December 2003. |
| by Sheriff Principal R.A.Dunlop QC : Crown Copyright |
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| Adjudication post settlement agreement. Did the adjudicator have jurisdiction? Held : The settlement did not embrace liability for extension of time. Adjudicator had jurisdiction. Enforcement ordered. Leeds TCC. 14th April 2003. |
| by C.H.Spurin - Summary : Judgment of His Honour Judge Grenfell. |
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| Procedural Impropriety : An adjudicator relied upon the report not viewed by the defendant : Unfair : Severance of elements of decision not permitted. TCC. 16th June 2003. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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Application for appeal against the decision of Seymour J where the decision of an adjudicator was not enforced on the grounds of breach of due process granted. Whilst the respondent?s case against cherrypicking enforceable elements out of an otherwise unenforceable decision was strong, this was an important issue that the CA should consider. (In the event it appears that the appeal was not pursued). C.A. 4th September 2003.
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| by Morritt Sir Andrew VC. Gibson LJ Peter. Crown Copyright |
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| Witholding Notices : Sum incorrectly certified as due by architect : Client refused to pay : no withholding notice issued : Held : Must pay and subequently could seek to reclaim in court action. 12th November 2003. |
| by Scheimann LJ. Sedley LJ, Jacob L.J. Crown Copyright |
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| Late decision : Despite being two days late court enforced decision ? nothing significant enough to render it a nullity. Outer House Court of Session. 4th April 2003. |
| by Lord Wheatley. Crown Copyright |
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| Insolvency : Statutory Demand : Should a statutory demand, as a form of commencement of legal procedings be subject to a stay to arbitration or alternatively to adjudication under the HGCRA? Held : No : Applicant cannot sit back and refrain from instituting ajudication/arbitration proceedings yet procure a stay (discretionary in the circumstances) against the statutory demand. Ch.Div. 21st February 2003 |
| by Mr Justice Blackburne. Crown Copyright |
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| Errors of Adjudicator :Parties cannot cherry pick parts of a decision ? it applies all or nothing : If adjudicator gets damages award wrong ? challenge in arbitration. 17 January 2002 |
| by His Honour Judge Richard Seymour. Crown Copyright |
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| Late decision : A late decision was upheld because neither party had repudiated the appointment either expressly or impliedly by calling for another adjudicator. 29th October 2003. |
| by His Honour Judge Richard Seymour. Crown Copyright |
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| Temporary finality : There is no conflict between ICE 6 arbitration provisions and adjudication which is temporarily final pending final settlement by arbitration.Outer House Court of Session. 1st April 2003. |
| by Lord Mackay of Drumadoon. Crown Copyright |
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| Delegation : Expert report : Parties consented to commissioning of a programming report regarding Extension of Time and L&D ? Held : adjudicator allowed to rely on the report. 28th January 2003. |
| by His Honour Judge David Wilcox for HHJ R. Seymour. Crown Copyright |
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| Time bar for arbitration : ICC Clauses 64-66 Time bar 3 months to apply for arbitration post adjudication : Served 3 days early but to wrong address - even though a valid address for the defendant: Held ? validly served and if not the court would have granted an extension of time in the circumstances. 10th September 2003. |
| by Her Honour Judge Frances Kirkham. Crown Copyright |
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| Jurisdiction : Adjudicator declined to deal with a counterclaim for set off : On enforcement court refused to apply ultra vires for failure to exhaust jurisdiction. Outer House Court of Session. 3rd March 2003. |
| by Lord Clarke. Crown Copyright |
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