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Adjudication Society Newsletter, Winter 2025-26
Newsletter contents

Editors' Notes - Doug James, Chantelle Vermeulen, Ben Mellors

Why the UK should reintroduce conciliation as launched by the ICE in 1994 - Brian Bond

Enforcement of Construction Adjudication: A Comparative Perspective with Lessons for South Africa - Damian James

From lever arch to VDR’s - Jim Armstrong

Economic duress in the construction industry - Julian Critchlow

Mallas v Persimmon - Mark Lucas

Some other time - Philip Fidler and Andrew Singer KC

Statutory Adjudication Regimes - Shona Frame

South West & Wales Region AGM and Event – A Review of the Top 2025 Adjudication Cases So Far This Year - Huw Wilkins

Case Notes

Chair's Note - Sean Gibbs

Vice Chair’s Note - Bernadette Barker

New Practitioners Group Event - Case Management Skills Workshop

Regional Update

Yorkshire Region events

North West Region event

Welcome to our new members

 
Editors' Notes

Doug James, Chantelle Vermeulen, Ben Mellors

Unlike most of the country’s decorations, this edition is put up relatively close to Christmas in the hope that it lasts to the new year. 

There are seven articles to peruse. There are global comparisons of adjudication and, specifically, enforcement by Shona Frame (CMS) and Damian James. Philip Fidler and Andrew Singer KC consider the ebb and flow of allocating design responsibility in main contracts. Julian Critchlow (Costigan King) summarises the law on economic duress and how it applies to construction disputes. Brian Bond has written up his lecture to the Conference on conciliation, one of adjudication’s siblings. Mark Lucas (Adair) discusses quantum evidence through the lens of Mallas v Persimmon Homes. Finally, Jim Armstrong (J.S. Held) provides a never-too-often-repeated reminder of the importance of good contemporaneous record keeping.

With these, notes from the Chair and Vice Chair, updates from the elfishly busy regions and Fenwick Elliott’s tales from Case Notes Corner, we hope you have a very merry Christmas. 

Doug James, Chantelle Vermeulen, Ben Mellors

Disclaimer

None of the articles in this Newsletter should be relied on as offering legal advice on any specific matter. The content of the articles are the views of the authors and not necessarily the views of the editors or of the Society.

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Why the UK should reintroduce conciliation as launched by the ICE in 1994

Brian Bond

Brian Bond writes up his lecture to the Adjudication Society Conference in November.

Read the full article

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Enforcement of Construction Adjudication:
A Comparative Perspective with Lessons for South Africa

Damian James

Damian James compares enforcement regimes across the world, before focussing in on South Africa.

Read the full article

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From lever arch to VDR’s

Jim Armstrong

Jim Armstrong provides a never-too-often-repeated reminder of the importance of good contemporaneous record keeping.

Read the full article

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Economic duress in the construction industry

Julian Critchlow

Julian Critchlow considers how the concept of economic duress applies in construction disputes.

Read the full article

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Mallas v Persimmon

Mark Lucas

Mark Lucas discusses the court’s approach to quantum evidence in Mallas v Persimmon.

Read the full article

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Some other time

Philip Fidler and Andrew Singer KC

Philip Fidler and Andrew Singer KC offer some thoughts on main contracts with contractor design.

Read the full article

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Statutory Adjudication Regimes

Shona Frame

Shona Frame offer a whistle-stop comparison of global adjudication.

Read the full article

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South West & Wales Region AGM and Event – A Review of the Top 2025 Adjudication Cases So Far This Year

Huw Wilkins

Huw Wilkins summarises this event on 30 October 2025.

Read the full article

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Case Notes

Case Note Contributors: Nicholas Gould, Freddy Ashe and Oliver Weisemann, Fenwick Elliott

Jaevee Homes Limited v Mr Steve Fincham (trading as Fincham Demolition)

Reference: [2025] EWHC 942 (TCC)
Date: 16 April 2025
Judge: Mr Roger Ter Haar KC
Keywords: Adjudication; Construction Contracts; Contract terms; Formation of contract; Instant messaging; Interim payments; Interpretation; Validity

Read the full case note

Construction Muzzy Limited v Davis Construction (South East) Limited

Reference: [2025] EWHC 2258 (TCC)
Date: 8 September 2025
Judge: District Judge Baldwin
Keywords: Natural Justice, Adjudication, Enforcement, and Summary Judgment

Read the full case note

Vision Construct Limited v Gypcraft Drylining Contractors Limited

Reference: [2025] EWHC 2707 (TCC)
Date: 21 October 2025
Judge: Adrian Williamson KC
Keywords: Declaratory orders; Estoppel by convention; JCT contracts; Pay less notices; Payments; Sub-contracts

Read the full case note

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Chair's Note

Dear Members

It gives me great pleasure to be able to confirm that our annual conference was a great success and that we have had  a very positive feedback. And we are now planning for next year’s conference.

The new committee met shortly after the conference and there are many planned events across the regions already for 2026.

Another year has passed by and the popularity of adjudication remains  as high as ever. I have three Christmas adjudications to deal with as responding  party adviser and I’m sure many of our members will be in a similar position.

You will have seen that the membership renewals process is underway, prompt payment will be rewarded with a significant discount which I encourage you to avail of.

I would like to wish you and your families a very Merry Christmas and a peaceful and prosperous New Year.

I look forward to meeting with you in 2026 and thank you for your membership and support for the Society.

Sean Gibbs
Chair

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Vice Chair’s Note

I would like to update members on several current initiatives aimed at increasing engagement and reflecting the breadth of expertise within the Society.

Speakers List

A Speakers List has now been introduced on the Society’s website for members who wish to indicate their interest in speaking at conferences, seminars, and other public events. This initiative is intended to support members in promoting their professional expertise to the public and to assist organisers seeking suitably experienced speakers.

Use of the Speakers List is entirely at members’ discretion. Members may choose how they use this facility to help promote adjudication more widely, while also raising their own professional profile.

Rapporteurs List

We are also in the process of establishing a Rapporteurs List for members who would like to contribute reports on Society events. These reports will be included in future newsletters and will help capture and share the key discussions and outcomes from our activities.

Adjudication Society Golf Day(s)

On the social side, a questionnaire has recently been issued to members regarding the potential organisation of golfing day(s) in 2026. The response has been encouraging, and the Committee is now considering suitable venues and formats. Further information will be shared as these plans develop.

Membership Profile Categories

The membership profile categories has recently been updated on the website to ensure they better reflect the diversity of professional backgrounds within the Society and the evolving nature of construction disputes since the Society’s establishment. Members are encouraged to review and update their profiles accordingly.

Adjudication Society Newsletter

This newsletter again includes articles and items contributed by members, and contributions are always especially welcome. The deadline for articles for the next newsletter is 20 January 2026.

We warmly encourage members to contribute articles that may be of interest to Adjudication Society members. Please do not be concerned if a subject or case has been discussed previously; each contribution brings a unique professional perspective, and differing viewpoints are both valuable and welcomed.

Members who wish to contribute, or who would like further information on how to contribute are invited to contact me at bernadette@barkerconsultants.com.

Thank you for your continued involvement and support of the Society and I wish you a merry Christmas and a successful 2026.

Bernadette Barker
Vice-Chair

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New Practitioners Group Event - Case Management Skills Workshop

An account of this event on 3 December 2025.

Read the full article

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Regional Update

Carly Thorpe updates from the regions.

Read the full article

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Yorkshire Region events

Reports from events on 11 September and 27 November 2025.

Read the full article

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North West Region event

Report from an event on 6 November 2025.

Read the full article

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Welcome to our new members

A warm welcome to the 25 new full members and 6 student members who have joined the Society since the last newsletter.

Full members

  • Pat Barrett
  • Aaron Birchall, BEA
  • Chris Crowley, McLaren Construction
  • Rob Dawson, 3PB
  • John Doherty, Quigg Golden
  • Emyr Evans, HKA Global Ltd
  • Jarleth Heneghan, William Fry Solicitors
  • Mark Hutchison, Owl Consulting Ltd
  • Claire Iacovou, Kingsley Wood
  • Kaylee Kempston, MPG Quantity Surveyors
  • Ella Kirkland, Burges Salmon LLP
  • Dale Langley, GBsqd
  • Chris MacPherson, Rimkus
  • Emmanuel Odigie
  • Ivan Rees-Davies, Chartered Institute of Arbitrators (Ciarb)
  • Elmira Rumford
  • Melissa Shipley, 39 Essex Chambers
  • Platonas Stylianou
  • Adam Thelwell, EW Beard Ltd
  • Christopher Thomas, Secretariat International
  • Gavin Thomson, Morton Fraser MacRoberts LLP
  • Greg Tobin, Techsmart Services Ltd
  • Matt Unsworth, Delta Consulting Group Ltd
  • Huw Wilkins, Fenwick Elliott LLP
  • David Yorke , Systech International

Student members

  • Harry Alexander, King's College London
  • Damian Bucke, Salford
  • Rosalyn Endersby, Leeds Beckett University
  • James Hibben, University of Salford
  • Sarah Mills, Bouygues UK
  • Jean Robert Nchekoua Tchoumba, The University of Law

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