Doug James, Chantelle Vermeulen, Ben Mellors
Spring has well and truly arrived and this edition has grown rather exuberantly to match the season, with ten articles reflecting the breadth and continuing evolution of adjudication practice.
As ever, questions of payment sit at the heart of the discussion. Philip Fidler and Andrew Singer KC revisit the concept of the ‘notified sum’, probing its uneasy relationship with set‑off and highlighting the tensions that persist within the statutory regime. That theme is developed in Matthew Bromilow and Steven Hayward’s analysis of Vision Construct v Gypcraft, a clear reminder that the courts continue to prioritise strict compliance and commercial clarity over technical ingenuity.
Craig Halliday’s contribution looks ahead, considering whether the ICE’s new Payment Notice Dispute Model Adjudication Procedure may offer a more efficient and cost‑effective route through ‘smash and grab’ adjudications.
Turning to enforcement and jurisdiction, Bromilow and Hayward’s second article on Construction Muzzy v Davis Construction reinforces the robust approach taken by the courts when enforcing adjudicators’ decisions. Set against that relative certainty, Nigel Ribbands’ exploration of threshold and substantive jurisdiction reveals a more unsettled landscape, suggesting that further clarification from the appellate courts may yet be needed.
Questions of who may adjudicate are taken up by Dean Sayers in his discussion of assignment, raising policy considerations following Paragon Group v FK Facades. His piece neatly bridges into two further articles examining the NEC contracts: Seán Bradley questions the practical value of deemed acceptance under NEC4, while Tim Willis considers whether the Construction Act has undermined the contract’s intended dispute resolution framework.
The edition closes with two more reflective contributions. Peter Gracia’s ‘Adjudicator Insights’ captures the increasing complexity of adjudication in practice, while Roy Pickavance offers a thoughtful perspective on AI, age and competence in the profession.
Alongside these are a note from the Vice Chair and the usual case notes, regional updates and event reports, ensuring readers remain up to date across the board.
All in all, this is an issue that feels distinctly in season: busy, varied and forward‑looking. We are grateful to all contributors and hope you enjoy this spring collection.
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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