Adjudication Adviser September 2017

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Adjudication Adviser September 2017

Published 5 septiembre 2017

Welcome to the further edition of DAC Beachcroft's Adjudication Adviser

TThis edition reviews a number of new Adjudication cases. In particular it is interesting to see the judicial commentary on "smash and grab" adjudications. Unless the Civil Procedure Rules committee recommends any changes to the Construction Act, they appear to be here to stay. There is also another interesting case which illustrates that winding up petitions are not an alternative to recovering certified sums.

1. "Smash and grab"

In ICI v Merit - provides some notable commentary on these types of adjudications, where one party fails to issue a payment notice.

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2. Winding up petitions

In Breyer - the Court confirmed that winding up petitions were not appropriate to recover certified sums.

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3. Adjudication "Responses"

In Mailbox v GT - the Court provided useful guidance as to what may be included in a Response to a Referral.

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4. Service issues

In Lobo - the Court provided guidance as to what is good service in an adjudication.

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Authors

Mark Roach

Mark Roach

London - Walbrook

+44 (0)20 7894 6314

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