All Adjudications articles – Page 2
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CommentYou'll never walk alone: Representing yourself
If your recessed budget doesn’t stretch to legal fees and you decide to represent yourself, you should at least go in armed with these expert tips …
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NewsChristopher Michael Linnett vs Halliwells: Adjudicator's fees
Can an adjudicator recover fees from a party that raises questions about jurisdiction? Fenwick Elliott discusses
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NewsBovis Lend Lease vs Trustees of the London Clinic: Loss, expenses and natural justice
The factsBovis applied for summary judgment for the enforcement of an adjudicator's decision. The dispute arose out of a contract made between Bovis and the clinic by which Bovis agreed to carry out and complete a redevelopment of a medical consulting facility. The contract was the JCT Standard Form (1998), ...
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NewsBinding decisions: YCMS vs Stephen and Miriam Grabiner
Fenwick Elliott discusses the adjudicator's jurisdiction
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Comment10 ways to avoid dispute in the Middle East
The Middle East has traditionally seen few disputes. In boom times contractors have always had alternative ways to recover their losses. But the credit crunch appears to have changed that, and now more disputes are erupting. So, how can disputes be avoided in the present market?Assess the impact of local ...
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CommentThe judge with a flea in his ear: When costs outweigh damages
Here’s another case in which the costs by far outweighed the damages, only this time it was a county court judge who took the flak for letting it happen
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CommentPre-action protocol: How not to impress a judge
The pre-action protocol is a simple, practical measure that’s meant to save money and keep you lot out of court. So don’t go getting too clever about it
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Comment
Adjudication to recover fees: Wishing you a speedy recovery
Consultants should be aware of the full range of tools at their disposal for recovering their fees. Adjudication offers a possible alternative to traditional methods
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CommentCJP Builders vs William Verry: Some verry fine distinctions
This case highlights the importance of adjudicators giving parties the chance to be heard. But in other cases they are right to disregard submissions
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CommentRecord keeping: The art of self-defence
Conscientious record-keeping can give you invaluable ammunition should you want to blame others when things go wrong. Worth every dull moment
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Comment
Sharpening the knives in Dubai
Despite the number and scale of construction projects in Dubai, disputes have been few and far between. But several recent changes could set the lawyers’ phones ringing
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CommentA sackload of trouble
Can a party to an adjudication introduce evidence that wasn’t previously disclosed if it fundamentally alters the original claim? The answer used to be no, but a recent judgment may have reversed this
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CommentSplendid isolation
Mediation is an excellent alternative to court proceedings, but these days the two forms of dispute resolution are getting mixed up. Mediation should be left to its own devices
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CommentAdjudication:The glass is half full, Rupert
Rupert Choat cited the number of cases that adjudication has thrown up, listed problems with some grey areas and concluded that the glass was half empty. Here’s the other side of the story
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Adjudication:The dangers of DIY
We must make sure that lay representativaes in adjudication have adequate knowledge of the law and the process
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CommentKeeping mum about mediation
Once upon a time everyone understood that part of what made mediation an ‘alternative’ form of dispute resolution was that the talks remained confidential. Was. Not any more they don’t
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