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Claire King of Fenwick Elliott considers the 2023 KCL Construction Adjudication report.

Douglas James of Crown Office Chambers considers the question of when an adjudication decision may not be enforced for bias.

Notes from the Chairwoman, Susan Francombe

Notes from the Editors, Douglas James and Benedict Morillo

Morwenna Crichton of Yelland Savage reports on two new mentoring schemes.

Notes from the Chairman, Hamish Lal

Wayne Clark looks at how disputes might be prevented in the first place, and other methods of dispute resolution other than adjudication. He considers what makes an effective negotiation strategy, the increasingly popular dispute board style of dispute resolution, and how mediators can effectively resolve disputes.

Andrew Dixon of Walker Morris provides a report of the Society’s Leeds panel event which formed part of the Society’s ‘Women in Adjudication’ initiative. Morwenna Crichton chaired the panel which featured adjudicators Chantelle Vermeulen, Bernadette Barker, Amy Bonzyck, Caroline McDermott, and Sue Kim.

Notes from the Editors, Douglas James and Benedict Morillo

In this article, Michael Hopkins of Pinsent Masons provides a summary of Sudlows Limited v Global Switch Estates 1 Limited [2023] EWCA Civ 813 which concerned whether and to what extent subsequent adjudicators and bound by the decisions of previous adjudicators, and how this relates to the jurisdiction of subsequent adjudicators. He provides guidance on how parties should approach serial adjudications in light of the decision. This article was first published on Pinsent Masons’ Out-Law blog.

Michael Coumas of Keating Chambers looks at the interaction between arbitration and adjudication. He analyses previous case law including the recent decision of Northumbrian Water Ltd v Doosan Enpure Ltd [2022] EWHC 2881 (TCC) and he considers whether disputes about the validity of adjudications can be determined in arbitration.

Notes from the Chairman, Hamish Lal

Abigail Walker of Yelland Savage, Niav O’Higgins and Katrina Donnelly of Arthur Cox and Helena Sewell of Burges Salmon discuss the successes of three Equal Representation in Adjudication Pledge events in Edinburgh, Dublin and Bristol.

John Marshall of Fermata considers how the lack of formal rules for expert reports in an adjudication setting – and adjudicators’ reluctance to appoint their own experts – can lead to reports that are theoretical, non-committal or even disingenuous.

Emma Healiss of Keating Chambers explains the reaffirmation, in FK Construction v ISG Retail, of the very limited circumstances in which one decision can be set off against another – and the practical requirements to fulfil them.

Notes from the Editors, Douglas James and Benedict Morillo

Emma Thompson of Watson Farley Williams reports on the Women in Adjudication’s Meet the ANBs event on 27 April 2023.

John Riches discusses the perils of serial adjudication and overly complex payment provisions, in the context of the Court of Appeal’s decision on payment notices in A&V Building Solutions v J&B Hopkins.

Tim Willis provides a thorough analysis of AM Construction Limited v The Darul Amaan Trust which concerned whether an employer was entitled to commence a “true value” adjudication in circumstances where it had not issued a pay less notice in respect of a default payment notice and had not yet made payment. Tim considers the jurisdictional issues which arise from this decision and how they can be addressed.

Benedict Morillo of Crown Office Chambers sets out the law and practice surrounding the enforcement of adjudication awards against insolvent defendants. He considers whether the approach taken in South Coast Construction Ltd v Iverson Road Ltd was correct and looks at the risk of unenforceable awards being enforced against insolvent defendants and how to mitigate against this.