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It is often said that a particular contractual obligation has been waived so that a party can succeed in the teeth of what, apparently, he agreed to do.

I am very pleased to have been asked by the Society to edit the Newsletter for the next few editions.

The Midlands Region held an evening talk on 23 June in which the question of the desirability and purpose of a Code of Conduct for adjudicators was debated.

I am a TOG! There I have come out. No press harassment, no blackmail, it was just something which I thought I had to do.

For those of you too young to remember (or indeed too old!) TOG stands for Terry (Wogan)'s Old Geezer.

Adjudication is spreading around the world. The Society is in talks about setting up affiliates in Hong Kong, New Zealand, and Singapore and is in contact with a similar group in Australia. As it expands there is a need to ensure that the quality of adjudicators is maintained at a very high standard. The Society is undertaking a major study into the requirements for

The Society made its submission to the DTI following the Latham Review and this may be seen on the Society Website.

It is a feature of any adjudication that a party might consider the adjudicator has made a slip or mistake in writing the decision, which requires correcting to avoid an injustice. Not unreasonable? So what are the injured party’s rights, if any, for the correction to be made?

It is a feature of any adjudication that a party might consider the adjudicator has made a slip or mistake in writing the decision, which requires correcting to avoid an injustice. Not unreasonable? So what are the injured party’s rights, if any, for the correction to be made?

Apologies to members for the delay in producing the first Newsletter of 2005. We feature three interesting articles in this issue and as always we have Nick Gould’s Case Law Update.

A critical analysis of the judicial interpretation of Section 107 of the Housing Grants Construction and Regeneration Act 1996

INTRODUCTION

“Ah yes, I read that judgment, and thought it was uncontroversial … it was a Court of Appeal decision as well, wasn’t it?” came the reply. Well, well, this CA judgment may not have jingled any bells at Christmas 2004 with Messrs Bingham, Helps & Co., but it jolly well ought to have done. Lord Justice Jacob’s leading judgment, unreservedly endorsed by Lords Justices Sedley and
Dear Members, not too much to report on the Adjudication front but we again have some interesting contributions to consider and in particular some thoughts from Tony Bingham. Chairman Guy Cottam refers to the latest news on the Latham Review and members will find

The following is the script of question and answer panel session at recent CIARB Training day for Adjudicators.

Parties beware: The Inquisitorial Adjudicator!

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

This paper was presented to delegates attending a CIARB [Scottish Branch] Advanced Adjudicator Tra

Tony Bingham spoke to an audience of 35 on the Blue Standard Approach to Adjudication. The event held at the Birmingham Chamber Commerce and Industry on 28 July attracted a mixture of existing members and new members and provided a forum for debating the role of the adjudicator.

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.
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”.