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UK: Adjudicator has jurisdiction despite concurrent referrals and late service of referral notice
The UK High Court has ruled that an adjudicator had jurisdiction to make two decisions despite the fact that the responding party (Newlon) did not …
Scotland: Court of Session refuses to enforce adjudicator's award on human rights grounds
In an unexpected judgment, the Scottish courts have refused to enforce an adjudicator's decision on the grounds that to do so would be an unjustified …
English Court of Appeal suggests a rethink of the prohibition on court-ordered compulsory mediation
In a withering attack on what he terms "the emasculation of legal aid" and the inevitable increase in unrepresented litigants in the English courts, Lord …
UK adjudication: Construction Act "Residential Occupier" exception considered by High Court
The "residential occupier" exception to the compulsory adjudication provisions in section 106 of the Housing Grants, Construction and Regeneration …
UK High Court reviews whether a company can be wound up for failure to comply with adjudication award
In a judgment only recently published via the Building Law Reports, the High Court has ruled that a winding up procedure applicable to companies …
UK adjudication: first case of 2013 on natural justice
The English High Court has ruled that there was nothing improper, in a case involving successive adjudications, for a second adjudicator to look at and …
Permission to appeal granted where trial arguably unfair as a result of judge acting as "mediator"
In a short judgment dated 11 December 2012 which is yet to be formally published, the Court of Appeal granted a claimant permission to …
UK: adjudicator allowed to rule on his own jurisdiction
If parties agree that an adjudicator can determine his own jurisdiction and that his decision will be binding on them, then, on an application for …
Herbert Smith Freehills hosts event on improving standards in mediation advocacy
On Thursday 6 December, Herbert Smith Freehills’ London office hosted an event organised by the Standing Conference of Mediation Advocates (SCMA), a …
ADR in the UK - article published
Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), …
Arbitration or ADR?
In Turville Heath Inc v Chartis Insurance Uk Ltd [2012] EWHC 3019 TCC, The UK High Court held that a clause providing for loss to be …
UK High Court reviews temporary binding effect of adjudicator's decision
A fundamental characteristic of adjudication as a form of ADR is that it is binding only until the dispute is finally decided through litigation or …
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