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| Bias : Adjudicator made adverse comments about non availability of a representative at a hearing. Decision not-enforced. QBD. 27th July 2004. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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Witholding Notice : Amount Due : IChemE Gain & Pain main & sub contracts : Enforcement of adjudicators? decisions refused ? in the circumstances of the case the issue of a withholding notice was irrelevant to the determination of the sum due. 28th May 2004.
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| by His Honour Judge Humphrey LLoyd : Crown Copyright |
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| Jurisdiction : Bias : No2 : 27th February 2004 |
| by His Honour Judge Toulmin : Crown Copyright |
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| Appeal to C.A. Death of named adjudicator before appointment means resort to alternative mechanisms for appointment valid. 28th October 2004. |
| by Kennedy LJ; Chadwick LJ; Dyson LJ. : Crown Copyright |
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| Unsuccessful challenge to an arbitrator's interim award on jurisdiction. TCC. 11th October 2004. |
| by The Honourable Mr Justice Jackson. Crown Copyright |
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| Jurisdiction Internal : Claim grew incrementally as adjudication progressed : Three separate claims submitted : Held : One decision enforceable ? others unenforceable ? wrong grounds for decision. 5th April 2004. |
| by His Honour Judge Toulmin : Crown Copyright |
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| Natural Justice : Adjudicator asked parties for permission to take legal advice. Claimant agreed, defendant did not reply. Adjudicator made a decision without disclosing advice to parties. TCC. 23rd January 2004. |
| by His Honour Judge David Wilcox : Crown Copyright |
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| Set off from adjudicator's decision. Where the sum the defendant seeks to set off against the adjudicator's decision is not yet ascertained at the time of the decision, no set off is allowed unless the contract expressly provides otherwise. TCC : 21st December 2004. |
| by His Honour Judge Jackson : Crown Copyright |
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| Adjudication an alternative to court, not exclusive : Appeal against injunction : Council injuncted Mowlem against preventing entry of contractors to perform remedial works : Appeal ? should Bath Council have gone to Adjudication? Held : No - it might have been quicker but a different result was not necessarily assured and the court injunction was a proper remedy to seek. CA. 20th February 2004. |
| by Brooke LJ, Mance LJ, Park LJ. Crown Copyright |
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| Written Contract for s107 : Court held two letters containing essence of contract, albeit lacking detail, sufficient to amount to a construction contract for HGCRA adjudication. 26th February 2004 |
| by Sherrifdom of Lothian & Borders at Linlithgow : Crown Copyright |
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| Domestic Contract : Adjudicator invited to consider his jurisdiction : enforcement action : held : decisions on jurisdiction fall to be finally determined by the court unlike other decisions which are finally determined by litigation or arbitration. Whilst parties had intended to contract on JCT terms, work commenced without signing the constract - so the adjudicator had no jurisdiction. 4th November 2004. |
| by His Honour Judge Richard Seymour : Crown Copyright |
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| Due Process : Witholding Notice : Release of retension : Notices : Failure to address set off claims : decision unenforceable ? trial not set down pending negotiations. QBD. 12th March 2004. |
| by His Honour Judge Thornton Q.C. Crown Copyright |
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| Meaning of dispute. Bias : Are complex disputes suitable for adjudication? Can on-going negotiations prevent a dispute crystallising? Do time constraints render an adjudication unfair and result in bias? What amounts to a slip that can be corrected as opposed to an invitation to the adjudicator to change his mind? 19th October 2004. |
| by His Honour Judge Toulmin. Crown Copyright |
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| Jurisdiction of arbitrator : An adjudicator may have got the burden of proof wrong ? but his decision is enforceable pending arbitration : Defendant likely to discharge burden. Outer House Court of Session. 28th January 2004. |
| by T.G.Coutts. Crown Copyright |
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| Meaning of dispute : Adjudication / arbitration clause. In the absence of a withholding notice, contractor litigated for non payment of certificated sums due under the contract. Stay to arbitration granted. Held : There was a dispute as to entitlement and s9 Arbitration Act 1996 applied. CA. 7th December 2004. |
| by Brooke LJ. Clarke LJ. Neuberger. LJ. Crown Copyright |
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| Jurisdiction ? written contract ? mismatch between named defendant in notice of adjudication and in enforcement action. Terms of contract insufficiently identified in correspondence to fulfil HGCRA requirements. Enforcement refused. Liverpool County Court.6th December 2004. |
| by CHS - Summary : Judgement : His Honour Judge MacKay |
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| Jurisdiction Threshold : Abuse of Process : Written agreement between 3 parties - oral allocation of work to one party. Contract subsequently terminated. Claimant commenced adjudication to recover costs of work and materials. Held : Termination of contract does not terminate right to adjudication. Written agreement HGCRA adjudication. Application for adjudication not an abuse of process. TCC. 25th June 2004. |
| by His Honour Judge Richard Havery Q.C. : Crown Copyright |
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| Witholding Notice : Power Geneneration? Primary purpose power generation or waste disposal / s105 HGCRA ? held waste : Withholding notice against decision ? not effective. 5th April 2004 |
| by Recorder David Blunt QC. Crown Copyright |
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| Fraud : False statements made in the course of adjudication proceedings admissible in subsequent fraud trial. Bribery - additional 10% channelled to an agent. 26th March 2004. |
| by Mr Justice Lawrence Collins. Crown Copyright |
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| Jurisdiction of Adjudicator : Had a dispute christalized? Effect of use of documents used in a prior adjudication? Held - no abuse of process - decision enforceable. 29th October 2004. |
| by His Honour Judge Richard Havery. Crown Copyright |
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| In the absence of a notice pursuant to clause 30.3/4 JCT with contractor's design under 30.5 there is an obligation to pay. JCT does not permit any set off or witholding against an adjudictor's decision for claims asserted after submission to adjudication. District Registry. TCC : 19th March 2004 |
| by His Honour Judge Gilliland : Crown Copyright |
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| Architect had no authority beyond negotiating terms of contract, to conclude a valid construction contract. Enforcement of adjudicator?s in relation to a purported contract that the architect had no authority, express, implied or ostensible, to conclude was thus refused. 22nd October 2004. |
| by Her Honour Judge Frances Kirkham : Crown Copyright |
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| Application to suspend a charge granted. Enforcement : Judicial Review : The Council lost adjudication and ordered by court to pay : Commenced an adjudication for late completion : Attempted set off of to court order : Not allowed. Extra Division, Inner House Court of Session.23rd January 2004. |
| by Lords Johston ; MacLean & Osborne. Crown Copyright |
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Jurisdiction : Exception to s105(2)(c)(iii)HGCRA 1996 : Pipe and lighting installations for the growing of cucumbers excluded. Homer Burgess v Chirex : Comsite v Andritz considered. However, defendant had waived the exception and given the adjudicator the power to decide upon his own jurisdiction. 6 decision upheld. 15th October 2004.
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| by His Honour Judge Gilliland Q.C. 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. Appeal to CA. 1st April 2004. |
| by Lord Justice Buxton,Lady Justice Arden, Mr Justice Pumfrey. Crown Copyright |
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| Nomination procedure : Where contract names an adjudicator, all parties must be informed of his unavailability before an Adjudicator Nominating Body can be approached to make a nomination. 16th January 2004. |
| by His Honour Judge Havery. Crown Copyright |
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| Jurisdiction : Referral limited to entitlement : Adjudicator decided on entitlement and quantum. Enforcement refused for lack of jurisdiction. 5th March 2004. |
| by CHS - Summary. |
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| Construction Contract : Consent to adjudication contractor and residential occupier client. Exchange of letters indicated JCT 1988. Since it was unclear whether the typographical error related to 1981 or 1998 edition, the adjudicator had no jurisdiction to hear the dispute. TCC. 4th August 2004. |
| by CHS Summary : Judgement His Honour Judge Havery |
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| Internal Jurisdiction : Enforcement of Adjudicator?s award successfully resisted on the grounds that the applicant had broadened the scope of the issues during the course of the adjudication from those contained in the original reference. AWG v Rockingham applied. 12th May 2004. |
| by His Honour Judge Toulmin. Crown Copyright |
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| Agreement that on receivership appointment all claims governed by Cl27 of contract in compliance with HGCRA Payment provisions even though it cancells out what was previously due under the contract. Has general application to litigation, arbitration and adjudication.Outer House Court of Session. 22nd October 2004. |
| by Lord Clarke : Crown Copyright |
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| Faxed instruction to start work without statement of price insufficient to amount to a Written Contract for HGCRA. TCC. 30th July 2004. |
| by His Honour Judge Raynor : Crown Copyright |
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| Late Decision : Due to delivery problems with referral document adjudicator started the process late : Consequently, his decision was delivered late if time started to run from the day the Post Office first attempted to deliver the documents. The court held that the decision was within the jurisdiction of the adjudicator and enforceable. No protest or other referral for a new appointment had been made. Outer House Court of Session. 14th April 2004. |
| by Lord Eassie. Crown Copright |
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| Having conceeded the current trading name of the other party at adjudication it was not open to the defendant to resist payment because that was not the name used in the original contract. TCC. 15th July 2004. |
| by Deputy Judge Mr Recorder Dermod O?Brien QC.: Crown Copyright |
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| Binding Adjudication : Non-Construction case - non-HGCRA case - on nature of binding adjudication and jurisdiction of adjudicator. Discusses right to retentions. Outer House Court of Session. 29th July 2004. |
| by Lord Bracadale. Crown Copyright |
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| Without prejudice : Claimant disclosed existence of but not details of a rejected without prejudice offer : Held ? knowledge alone of offers does not result in bias. 27th February 2004. |
| by His Honour Judge S.P.Grenfell. Crown Copyright |
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| Jurisdiction - enforcement of adjudicator's decision. Examination of what amounts to a contract in writing for the purposes of the HGCRA. 6th December 2004. |
| by His Honour Mr Justice Jackson. Crown Copyright |
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| Whether or not a temporarily final adjudication decision in a debtor's favour reduce the trading debts of the debtor's company and thus affect the right of creditors to call in loans? The adjudicator found that LAD?s were due to Dobbs ? which had implications for a tripartite relationship between Dobbs, the developer, Countryside a contractor and the financing bank. Court cast doubts on the impact that a temporary entitlement should have on fiscal rights and duties. Chancery Division. 19th April 2004. |
| by Mr Justice Lewison. Crown Copyright |
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| Natural Justice : Defendant asserted breach of natural justice because he was not represented at an adjudication hearing ? solicitor unavailable : Held : Adjudicator had right to insist on going ahead to ensure decision within the 28 day deadline of HGCRA ? defendant could have secured alternative counsel. Furthermore, an adjudicator has jurisdiction, in the absence of a final certificate, to determine the sum due. 26th April 2004. |
| by CHS. Summary. |
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| Voluntary Adjudication : Domestic : JCT 1998 incorporated by conduct ? no express acceptance ?adjudication provisions do not offend the UCTA 1977. TCC : 20 February 2004 |
| by His Honour Judge Thornton QC : Crown Copyright |
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| 24 Part referral & enforcement : Deals with 7 day requirement for referral of a dispute and impact of referring chrystalised part of a dispute and subsequently referring the rest of the dispute ? court delayed enforcement judgement on Part I for 6 weeks pending adjudication decision on Part II of dispute. TCC. 11 June 2004 |
| by His Honour Judge Thornton : Crown Copyright |
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