Construction Focus: Politics of the judiciary

John Starr | Property Law Journal | July/August 2017 #353
John Starr focuses on three cases that highlight pitfalls for the construction law practitioner ‘What effect would an application to correct a slip in the decision have on a party’s ability subsequently to raise a jurisdictional challenge?’In this article I examine three recent cases of interest: Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017], …

Continue reading "Construction Focus: Politics of the judiciary"

This post is only available to members.

Construction Focus: Challenging arbitration awards

John Starr | Property Law Journal | April 2015 #330
John Starr reviews the courts’ stance on such challenges, and considers the case law ‘Appeals under s69 are not as common as challenges under ss67 and 68 and are even less likely to succeed.’ No one likes to lose, which is why so many awards and decisions are challenged. This column has, on several occasions, …

Continue reading "Construction Focus: Challenging arbitration awards"

This post is only available to members.

Limitation: Stop the clock?

RPC | The Commercial Litigation Journal | January/February 2014 #53
Sarah Carmichael discusses limitation and adjudication ‘Limitation is not ordinarily a concern at the outset of adjudication but the limitation bar might descend to block later referral of the underlying dispute to a court or arbitrator for final determination.’The Housing Grants, Construction and Regeneration Act 1996 (the Act) introduced adjudication as an expedient method to …

Continue reading "Limitation: Stop the clock?"

This post is only available to members.

Construction Adjudication: A stay of execution

Heath Marshall | Property Law Journal | January 2011 #262
Heath Marshall looks at recent challenges to the decisions of adjudicators and how the financial position of the winning party can affect their outcome ‘The courts have stated that, in enforcement proceedings, they will consider the financial circumstances of both parties if appropriate, although the outcome of such consideration has historically been capricious.’The decisions given …

Continue reading "Construction Adjudication: A stay of execution"

This post is only available to members.