24 Feb 2016, All day
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Costs effective adjudication: Getting the right result without paying the earth in adjudication
This day-long seminar focuses on issues of relevance to anyone who has experience of the adjudication process, whether as a party, an advocate or representative or as an adjudicator now that the courts are being ever stricter on payment provisions. The breadth of the types of claims that are being adjudicated is increasing, the value and complexity of disputes being determined is ever rising and the courts are allowing decisions to be challenged in a wider range of ways.
The following issues will be considered:
Starting an adjudication: “Fools jump in where only angels fear to tread”
- Can we get started? Jurisdiction at the initial stage – An initial point or something for enforcement?
- Losing the Adjudication – What are the prospects of an adjudicator resigning and on what basis can a party exclude an adjudicator from the pool of potential appointees?
- Finally – Is there a right to further submissions once the Referral and Response have been provided (and do you want to make them anyway)?
- Payment notices (the perennial adjudication favourite) – Considering the prevailing approach of the court post ISG Construction Ltd v Seevic College and what you need to know to ensure that you make and take the right points.
- Looking at recent decisions in Caledonian Modular v Mar City Developments, Henia Investment Inc v Beck Ltd and Severfield (UK) Ltd v Duro Felguera UK Ltd.
The decision: What to do after the decision comes in
- There’s no justice in it – How to make the most of jurisdictional challenges and challenges on the grounds of a breach of natural justice, as well as issues relating to counterclaims and set-offs.
- I don’t care what you say! Challenging the decision in other ways including Part 8 proceedings, Contractor Insolvency and the court’s approach to short points of law in Caledonian Modular v Mar City Developments.
After the adjudication – whose claim is it anyway?
- A consideration of Aspect v Higgins.
- The panel will discuss tactics during the adjudication, including reserving the right to challenge; how far to fight each point and when to reserve your position; strategies for keeping the adjudicator on side; and issues which arise from setting the timetable.
- Running professional negligence cases through Adjudication – procedure and suitability
- An Adjudicator’s perspective – issues for adjudicators to bear in mind when coming to their decision, in particular, using your own knowledge, not making good the deficiencies in a party’s case and the problem with oral contracts
- Who needs evidence anyway? How to gain the advantage when deciding whether to serve evidence and what you should serve if you do.