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Very recently Sir Michael Latham presented his first report to the Department of Trade and Industry. In a fairly lengthy letter he recapped on the purposes of the Act and the re-promoted his original proposal for Trust Funds, which he first proposed in Trust and Money in 1993. This is probably a dead recommendation because they are impractical.

In the Chair

Dear Members, a shorter than usual Newsletter this Summer but again some interesting news and an update on case from Nick Gould. Regional activities are good and there is no shortage of interest in exploring and debating, differing issues in Adjudication.
As you are all aware I am sure, Sir Michael Latham has been appointed to undertake a review of the workings of the Construction Act. The Society has submitted a paper to Sir Michael and this can be seen on the website.

 Interview Corner

On the spot – John Riches

 

THINKING OUTSIDE THE ‘BOX’? The Uncertain Future for Adjudication [text of an article recently submitted to Building]
It would appear we can now rely on Lord Drummond-Young for punchy legal concepts. It was he who said, “in a well regulated legal universe, black holes should not exist”.
It is with great sorrow that we have to inform members that Carol Chapman, wife of Peter Chapman, our founder, died suddenly on 8th February. We extend our heartfelt sympathy to Peter and his family.
Unfortunately, the Society can no longer continue on the basis of free membership and provide the diverse range of activities that our members both want and expect. It is currently costing around £15,000 a year to run the society, excluding the annual conference.

Almost all of the cases concerning adjudication that you read about in these pages concern challenges to the adjudicator’s jurisdiction, which are raised as a defence to an application to the Court to enforce the adjudicator’s decision.

The Editor Posed the following questions to members b:
“What do you think was the most significant development in Adjudication during 2003?” [please not England winning the World Cup, anonymous Scotsman ]

“What is the most significant change you would like to see in 2004 ?”

We are pleased to send you the last Newsletter of 2003. We again have some int [and quarterly thereafter] and we should have a comprehensive case summary then, but cases are also on the website as well as articles etc. Grateful thanks to our many contributors during the years.
At last month’s Annual Meeting the management of the Adjudication Society was passed to an elected committee.
I am honoured to be taking over the Chairmanship of the Society and somewhat daunted by the act I have to follow. Peter Chapman created and largely funded the Society in its formative years and we now have over 950 members. We all wish Peter well in his Presidency of the Dispute Board Foundation.

Ian Drummond of Burness & Co, Edinburgh comments in more detail on a recent Court of Session Decision on Adjudicators Reasons

CONSTRUCTION ADJUDICATION

THE GIVING OF REASONS BY ADJUDICATORS

Statutory Adjudication – A Practical Guide by Derek Simmonds C Eng, BSc, FICE, FCIArb, FCMI, FConsE, published by Blackwell Publishing, ISBN 1-4051-1085-6, 266 pages including Appendices.

We are pleased to send you the August 2003 Newsletter with full details of the Second Annual Conference and details of the proposed constitution etc. We again have some interesting thoughts on the adjudication process and also some very interesting case produced by Nick Gould. Have you looked at our website which is crammed with very useful articles and commentaries.

The Editor interviews the construction team of DLA in their superb new Edinburgh office, on a number of issues. Many thanks to Fenella Mason and her team in the Scottish practice of DLA's Construction and Engineering Group for their assistance.

The Editor interviews the construction team of DLA in their superb new Edinburgh office, on a number of issues. Many thanks to Fenella Mason and her team in the Scottish practice of DLA's Construction and Engineering Group for their assistance.