UK Adjudicators January 2019 Newsletter

WWW.UKADJUDICATORS.CO.UK
JANUARY 2019 NEWSLETTER
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EDITORS’ COMMENTS
With a New Year commencing and
uncertainty still surrounding Brexit there are
some who are dreading the year ahead, whilst
others can see opportunity and will embrace
challenges and overcome them.
As part of our planned series of events across
the country in 2019 to publicise the services
of our nominating body I am pleased to
confirm that our first event is a table at the
SCL annual lunch in London on the 15th
February 2019 . The second event is a half day
conference in Edinburgh on the 15th
March
from 11am to 5pm. If you are interested in
speaking at the second event or attending
either of the events do get in touch.
In closing, we would like to take this
opportunity to wish you all a prosperous New
Year.
Sean Gibbs is a director with Hanscomb
lntercontinental and is available to sit as an
arbitrator, adjudicator, mediator, quantum
expert and dispute board member.
sean.gibbs@hanscombintercontinental.co.uk
Kirsty Potts, Barrister (Non-Practising), is a
Lecturer in Property and Construction Law at
the University of the West of England.
Kirsty.potts@uwe.ac.uk
QUEENSLAND BUILDING INDUSTRY
FAIRNESS (SECURITY OF PAYMENT)
AND OTHER LEGISLATION
AMENDMENT REGULATION 2018
The Queensland government have
implemented a number of changes to the
existing security of payment legislation. Whilst
these will be of some interest to adjudication
practitioners around the globe I’d like to focus
on two aspects which could help transform UK
adjudication for the better.
The first is that Queensland have a formal
system for grading Adjudicators. An adapted
grading system could be applied in the UK and
would assist newly qualified adjudicators to
transition from inexperienced panellist
through to practising adjudicator. If this was
coupled with some form of mentoring or
pupillage then we could create a pathway that
all of the recognised Adjudicator Nominating
Bodies could follow and assist the smooth and
orderly replacement of the ageing
adjudicators who will be retiring in the next
few years.
Another aspect is the cap on the amount that
an adjudicator may recover in fees and
expenses for low value disputes.
Queensland caps are set at :

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14 Maximum fees and expenses for particular
adjudication applications—Act, s 95
(1)This section prescribes, for section 95(2) of
the Act, the maximum amount for fees and
expenses an adjudicator is entitled to be paid
for adjudicating an adjudication application
relating to a payment claim for a progress
payment of not more than $25,000.
(2)The maximum amount is—
(a)if the progress payment is not more than
$5,000—$620; or
(b)if the progress payment is more than
$5,000 but not more than $15,000—$930; or
(c)if the progress payment is more than
$15,000 but not more than $20,000—$1,860;
or
(d)if the progress payment is more than
$20,000 but not more than $25,000—$2,070.
(3)To remove any doubt, it is declared that a
maximum amount mentioned in subsection (2)
includes both fees and expenses.
Initiatives along these lines will encourage
parties to use adjudication for the lower value
disputes that many are reluctant to proceed
with though cause hardship to those lower
down the supply chains.
If you have any ideas or would be prepared to
serve on a committee to look at how we can
create tailored offerings to the users of
adjudication please do express your interest
by emailing Sean Gibbs.
A link to the legislation can be followed
below.
https://www.legislation.qld.gov.au/view/html
/asmade/sl-2018-0177
ADJUDICATION SOCIETY - NEW
COMMITTEE MEMBERS
ANNOUNCED
The new committee for the next two year
period will comprise:
• Chairman: Richard Booth
• Senior Vice-Chairman: Hamish Lal
• Treasurer: Martin Ewen
• Regional Liaison Officer: Martin Potter
• Secretary: Susan Francombe
• Conference Coordinator: Edward Quigg
The general committee members will be:
• James Cross QC
• Lawrence Davies

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• Nicholas Gould
• Gerald McLean
• James Pickavance
• Dean Sayers
• Tim Willis
Congratulations to UK Adjudicator’s panellists,
Dean Sayers, Tim Willis and Martin Potter on
their election to the Adjudication Society
committee.
ENGLAND AND WALES HIGH
COURT (TECHNOLOGY AND
CONSTRUCTION COURT) DECISIONS
December
 Skymist Holdings Ltd v Grandlane
Developments Ltd [2018] EWHC 3504
(TCC) (19 December 2018)
 University of Warwick v Balfour
Beatty Group Ltd [2018] EWHC 3230
(TCC) (11 December 2018)
UK ADJUDICATORS’ TABLE AT THE
SCL LONDON ANNUAL LUNCH
UK Adjudicators have taken a table at the SCL
Annual London Lunch which is taking place on
the 15th
February 2019 at 12pm at the
Grosvenor House, Park Lane, London.
Places are available on the table to our
panellists.
Please confirm your interest to Sean Gibbs:

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HALF DAY CONFERENCE IN
EDINBURGH ON THE 15TH
MARCH
UK Adjudicators are participating in a half day
conference being held at the Scottish
Arbitration centre at 125 Princes St,
Edinburgh EH2 4AD on the 15th
March 2019.
The conference will discuss Adjudication &
Arbitration in domestic and international
context.
10.45 Registration
11.00 Conference start
12.00 Lunch
16.30 Close & networking drinks
UK Adjudicator panellists will have free entry
to the conference; though will need to book
when the system goes live.
If you are interested in speaking or sponsoring
this event please email :
sean.gibbs@hanscombintercontinental.co.uk .
8TH EDINBURGH VIS PRE-MOOT
CALL FOR VOLUNTEER
ARBITRATORS, 16 AND 17 MARCH
2019
The organisers of this year’s Edinburgh Vis
Pre-Moot, sponsored by the Scottish
Arbitration Centre, are looking for volunteers
to act as arbitrators in the 8th Edinburgh
University International Vis Pre-Moot. This
year’s event will be held on Saturday 16
March 2019 and Sunday 17 March 2019 at the
University of Edinburgh with a drinks
reception on the evening of 16 March
following the conclusion of the day’s
pleadings to which all arbitrators are warmly
invited. This event is organised by the
University of Edinburgh as a preparatory moot
for the Willem C Vis Arbitration Moot. The
Willem C. Vis International Commercial
Arbitration Moot is an annual competition,
held in Vienna, with teams representing law
schools from throughout the world.
Events such as the Edinburgh Pre-Moot are an
important stage in teams’ preparation for
Vienna. Last year's Pre-Moot was a huge
success thanks to the high number of
arbitrators who volunteered their time and
the teams were immensely grateful for the
high quality of feedback they received from
volunteer arbitrators. If you are interested in
arbitrating then please email the organisers at
premoot@ed.ac.uk for more information
and registration.

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DSVG FACADE LTD v CONNEELY
FACADES LTD (2018) TCC 13 June
2018
The Claimant, a sub-contractor supplying
labour to install cladding sought summary
judgement to enforce an adjudicator’s
decision in the sum of £17,219 plus interest
and the adjudicator's fees.
The defendant resisted enforcement by
arguing there had been a breach of natural
justice as the adjudicator had failed to
determine the true value of the payment
application which had been in issue between
the parties, and therefore had failed to decide
the dispute before him.
The facts were that the claimant submitted
an invoice of £21,747 for payment and some
months later the defendant made a part
payment of £4,500.
The Claimant’s adjudication referral notice
stated it was entitled to payment on the basis
of the submitted invoice and the defendant's
failure to serve any notice in response, and
also in the alternative on the merits on the
basis that the defendant had rejected the
claimant's assessment and valuation of the
works done.
The adjudicator found that the claimant's
invoice was a valid payee's notice and that
there was no valid pay less notice in response.
He accordingly decided that the defendant
should pay the claimant the balance of
£17,219 with interest and the adjudicator's
fees.
The court held that as a matter of
construction of the referral documents there
had been no agreement to refer two disputes
to the adjudicator: only one dispute as to the
claimant's entitlement to the notified sum in
the absence of a notice in response, and
applied Grove Developments Ltd v S&T (UK)
Ltd [2018] EWHC 123 (TCC).
The adjudicator's jurisdiction was to decide
the dispute referred to him about the
claimant's entitlement to the invoice amount
in the absence of a pay less notice, and once
he had done so in the claimant's favour, he
did not have any residual jurisdiction to
proceed to decide the separate and different
dispute about the true value of the claim.
The court rejected the Defendant’s attempt to
raise the valuation issue as a defence to
enforcement and confirmed that it would
have to be dealt with in separate proceedings.
The adjudicator’s decision was enforced in the
Claimant’s favour.

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ADJUDICATION SOCIETY
Thursday, 24 January, 2019
Birmingham
Grove Developments after the CA
Thursday, 31 January, 2019
Bristol
Talk followed by New Year Dinner
Tuesday, 5 February, 2019
Edinburgh
Annual Case Law Update
DRBF CONFERENCES 2019
DRBF 19th Annual International Conference:
Berlin, Germany May 22 - 24, 2019
http://www.drb.org/events/calendar/
DRBF Northwest Regional Conference:
Seattle, Washington, USA June 06 - 07, 2019
http://www.drb.org/events/calendar/
SOCIETY OF CONSTRUCTION LAW
(UK)
Guildford 8 January 2019
The Jackson reforms and their sequel
5.30 for 6.00pm The Glass Room, G Live,
London Road, Guildford GU1 2AA
Speaker is Sir Rupert Jackson
Chair: David Savage, Charles Russell Speechlys
LLP
Organiser : Andrew Keeley , Charles Russell
Speechlys LLP
Cardiff 30 January 2019
The impact of delay for employer's and
contractors…."Don't look back in anger!"
5.30 for 6.00pm at Blake Morgan, One Central
Square, Cardiff CF10 1FS
Speaker is Ian Gunton of CNS Consult

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FIDIC CONFERENCES 2019
The FIDIC International Infrastructure
conference takes place from 8 to 10
September 2019 in Mexico City.
http://fidic2019.org/en
FIDIC LATIN AMERICA CONTRACT USERS'
CONFERENCE
October 2019; City TBC
https://law.knect365.com/fidic-latam-
contracts/
From 10-13 May 2020, the Scottish
Arbitration Centre plays host to the XXVth
International Council for Commercial
Arbitration Congress in Edinburgh.
For full information on the Congress, including
information on how to register, sponsor, or
reserve hotel accommodation, please visit the
Congress website www.icca2020.scot.

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SCL INTERNATIONAL CONFERENCE
2020
The Society of Construction Law 9th
International Conference is being held from 4
to 6 November, 2020, in Auckland, New
Zealand. Further details can be found at :
http://www.constructionlaw2020.com/scl20
Please note that this is a newsletter
and does not provide legal advice.
Whilst every care has been taken in
the preparation of this document,
we cannot accept any liability for
any loss or damage, whether
caused by negligence or otherwise,
to any person using this document.
Independent legal advice should be
taken from a regulated lawyer.

UK Adjudicators January 2019 Newsletter

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UK Adjudicators January 2019 Newsletter