Articles

Following the last Newsletter members were invited to submit propositions for consideration. JohnSims started the ball rolling :

“Subject: A proposition for the newsletter

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Following the Adjudication Conference 20th November, 2002 the following have agreed, by response to Richard Bayfield’s email seeking volunteers, to form the Constitution Group.

SIMON TOLSON of Fenwick Elliott gets a grilling from the Editor !!

LB: You had another successful Fenwick Elliot Adjudication Review in November, what is your perception now of the market place as far as adjudication is concerned?

The question put to members by the Editor by e mail) was :

This issue sees the first of our quarterly Society Newsletters. Further issues will appear in April, July and October. Again we are grateful, in this issue, to a number of contributors as we try to cover new ground, and issues, emerging from the world of dispute resolution.

John Redmond ( a great contributor to the Newsletter) of Osborne Clark, Solicitors,
responded to the Editors views “that Arbitration can learn much from Adjudication”.
“ARBICATION?

Problems with Adjudication in the UK

The view of the RICS on the question of change to the legislation governing construction adjudication is that it is largely unnecessary and unlikely.

The panellists to this session were John Riches, an experienced Arbitrator and Adjudicator and co-author of the text Construction Adjudication, Chris Hough, solicitor and partner in the law firm Fenwick Elliott, and David Blake, current Chairman of the North East branch of the Chartered Institute

Members should be aware of the recent CIC publication “CIC Adjudication The First Forty Months “ available from the CIC 26 Store Street, London WC1E 7 BT.

I am pleased to issue the September Newsletter after a bit of a delay as we waited to finalise the proposed Conference, some details of which are included later. This month we again have some excellent contributions which cover a wide range of adjudication issues.

John Redmond of Osbourne Clark kindly submitted this article on the recently issued Guidance for Adjudicators.

Guidance for Adjudicators

Martin Burns, Manager of the RICS Dispute Resolution Service kindly gave the Editor an update on the RICS strategy on adjudication:

PART 1

Introduction

As everyone is by now aware, a contract must comply with the "eight pillars of adjudication" failing which the Scheme for Construction Contracts ("the Scheme")applies.

This is a response by Peter Morton to Chris Dancaster’s recent talk in Bristol:

Hole searching is a popular pastime with lawyers, particularly over the Christmas Season when there is little else to do. Frustration with mothers-in-law and mince pies builds to such an extent that release has to be found.

Although touted as an informal procedure capable of being operated by parties without the need for expensive representation, the reality is that most participants prefer not to represent themselves.