Adjudication in UK Law

Leading Cases
  • Carillion Construction Ltd v Devonport Royal Dockyard Ltd
    • Court of Appeal (Civil Division)
    • 16 Noviembre 2005

    It is only too easy in a complex case for a party who is dissatisfied with the decision of an adjudicator to comb through the adjudicator's reasons and identify points upon which to present a challenge under the labels "excess of jurisdiction" or "breach of natural justice". The task of the adjudicator is to find an interim solution which meets the needs of the case. The need to have the "right" answer has been subordinated to the need to have an answer quickly.

  • Cantillon Ltd v Urvasco Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 27 Febrero 2008

    Similarly, the claiming party is not limited to the arguments, contentions and evidence put forward by it before the dispute crystallised. The adjudicator or arbitrator must then resolve the referred dispute, which is essentially the challenged claim or assertion but can consider any argument, evidence or other material for or against the disputed claim or assertion in resolving that dispute.

  • Wimbledon Construction v Vago
    • Queen's Bench Division (Technology and Construction Court)
    • 20 Mayo 2005

    In a number of the authorities which I have cited above the point has been made that each case must turn on its own facts. Whilst I respectfully agree with that, it does seem to me that there are a number of clear principles which should always govern the exercise of the court's discretion when it is considering a stay of execution in adjudication enforcement proceedings. Those principles can be set out as follows:

  • Pegram Shopfitters Ltd v Tally Weijl (UK) Ltd
    • Court of Appeal (Civil Division)
    • 21 Noviembre 2003

    The fact that adjudication under the Scheme and adjudication under a JCT Prime Cost Contract would be similar procedures does not overcome the twin difficulties that Mr Morris was appointed under the Scheme, and that a sufficiently secure identification of the contractual terms was intrinsically necessary to the proper performance of his adjudication task.

  • Witney Town Council v Beam Construction (Cheltenham) Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 12 Septiembre 2011

    A particular dispute, somewhat like a snowball rolling downhill gathering snow as it goes, may attract more issues and nuances as time goes on; the typical example in a construction contract is the ever increasing dispute about what is due to the contractor as each monthly valuation and certificate is issued; a later certificate may accept amounts in issue previously not certified but then reject some more items of work.

  • Carillion Construction Ltd v Devonport Royal Dockyard Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 26 Abril 2005

    If an adjudicator declines to consider evidence which, on his analysis of the facts or the law, is irrelevant, that is neither (a) a breach of the rules of natural justice nor (b) a failure to consider relevant material which undermines his decision on Wednesbury grounds or for breach of paragraph 17 of the Scheme. If the adjudicator's analysis of the facts or the law was erroneous, it may follow that he ought to have considered the evidence in question.

  • Benfield Construction Ltd v Trudson (Hatton) Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 17 Septiembre 2008

    Precisely the same effect is achieved by those contracts which incorporate paragraph 9.2 of the Scheme for Construction Contracts. That provides that an adjudicator must resign where the dispute is the same or substantially the same as one which has previously been referred to adjudication and a decision has been taken in that earlier adjudication. As Dyson LJ observed in Quietfield Ltd v. Vascroft Construction Ltd. [2007] BLR 67 at paragraph 45

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Books & Journal Articles
  • Adjudication
    • Part II. Armed Forces Compensation
    • War Pensions and Armed Forces Compensation. Law and Practice - 2nd Edition
    • Andrew Bano
    • 205-214
  • Statutory adjudication
    • Construction Law. Volume III - Third Edition
    • Julian Bailey
    • 1731-1974
  • Comparing constitutional adjudication of self-determination claims
    • No. 25-4, August 2018
    • Maastricht Journal of European and Comparative Law
    The judicial resolution of claims of self-determination by national courts is still exceptional, but rulings seem to be increasing. This paper aims to compare the adjudication of claims of self-det...
  • Constitutional Adjudication by Parliaments: Lessons from Comparative Experience
    • No. 12-1, January 2018
    • Mizan Law Review
    • Belachew Girma
    • Belachew Girma Degefie, LL.B (Bahir Dar University), LL.M in Constitutional and Public Law (Addis Ababa University), LL.M in Comparative Constitutional Law (Central European University); currently Attorney and Consultant at Law. Email:
    • 29-70
    This article explores historical experiences in France and Brazil and the contemporary constitutional set-up in China where parliaments are empowered to adjudicate constitutional issues. It also id...
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Law Firm Commentaries
  • UK Adjudication Review
    • JD Supra United Kingdom
    Our summer adjudication review includes the following updates - - Using a winding-up petition to enforce an adjudication is unwise (a review of Victory House General Partner Ltd, Re A Compan...
  • CIC Users' Guide to Adjudication
    • JD Supra United Kingdom
    The Construction Industry Council (CIC) has published a new Users' Guide to Adjudication.
  • Adjudication Review, Spring 2018
    • JD Supra United Kingdom
    Our latest adjudication review considers recent cases dealing with the adjudication timetable and extensions of time, the problems that arise when adjudicating parties are relying on an oral contra...
  • Affordable Adjudication?
    • Mondaq UK
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