All articles by Dominic Helps – Page 2
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CommentA question for the judge
Can one adjudicator read 52 lever-arch files and nine boxes of documentation in 100 days and still reach a fair decision? Here’s what Judge Toulmin said
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Garbage in, garbage out
Being armed to the teeth with a fancy computer program is all very well but, as a recent case illustrates, what matters is the quality of the data fed into it
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CommentWe need some fog lights
Two years after Judge Seymour said you couldn't introduce new material once an adjudication had started, we're not much wiser about whether he was right
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Food for thought
We invite you to chew over the main issues arising from the proposed review of the Construction Act, while he helps himself to a large slice of humble pie …
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Cat, pigeons, pigeons, cat
Just when we thought we'd got a handle on how adjudication is supposed is to work, along comes Judge Wilcox and introduces a feline to the coop …
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Who've you been seeing?
Natural justice and adjudication can be a jealous and suspicious couple. But a recent case has led to guidelines that could smooth out some of the tensions
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Now we are three
The pre-action protocol is three years old. So do we crack open the bubbly – or keep quiet and hope nobody will mention it? A new survey might help us decide
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Justice au naturel
The reliance on third party experts has dangers for adjudicators, particularly with regard to fairness. Fortunately, a recent case provides guidance
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Fair enough?
An adjudicator who decides a case that they have already been involved with risks being accused of bias. So, courtesy of the courts, here are some guidelines
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An offer you can refuse?
Refuse an offer to mediate and you could end up paying the costs of litigation, win or lose. But what if that offer of mediation was just a tactical ploy?
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Stop at nothing
A case in the Scottish courts has underlined the fact that adjudication must be effective – even if the parties have to forgo some of their basic rights
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In pursuit of the civil
The pre-action protocol is supposedly turning solicitors into nice people. But in the absence of evidence that it's working, are there other ways of meeting its aims?
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Now even friendlier
Use new formula Adjudication Rules™ from TeCSA, the kinder way to get rid of stubborn, dried in disputes (now comes with 100% enforcement guarantee!)
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Hanging in the balance
So, do you have the right to bring in new arguments or evidence once an adjudication has started? A twist in the plot will have you on the edge of your seat …
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Who prepares wins
Mediation might promise much but, without careful preparation, there will be too much to cover and the process dissolves into a futile slanging match
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Hands off our law
Appeal judges have given adjudication a rough ride recently. They should remember that the industry likes it and it's up to parliament to make the laws
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Jams and pile-ups ahead
The sequence of notices on payment and suspension is in a right tangle. Recent decisions by both judges and adjudicators only tighten the knots
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The day of the mediator
Adjudication, for all its merits, isn't much cop for multiparty disputes. In these cases, we should restrain our scepticism and plump for mediation
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Loser pays, we all win
Far from deterring people from using adjudication, allowing the winning party to recover its costs from the loser will make the process more accessible
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It's all in the timing
The Brompton hospital case turned on the definition of concurrent delays. But it asked more questions about extensions of time than it answered
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