This newsletter from UK Adjudicators provides information about upcoming conferences and events related to construction law and adjudication. It also summarizes recent court decisions from the UK and New Zealand addressing penalties in commercial contracts and challenging payment notices. Networking events are scheduled prior to the Adjudication Society conference in November for UK adjudicators and others in the industry.
The need for dispute boards on international waste to energy projects was presented to Dispute Resolution Board Foundation members and guests by Sean Gibbs of Hanscomb Intercontinental in May 2021.
Top 10 Recent Developments in Cambodian IP - Abacus IPAbacus IP
Most important intellectual property law developments in Cambodia in 2017, covering copyright, patent, trademark, geographical indications and industrial designs. Published by Abacus IP.
February 2019 newsletter of UK Adjudicators.
MACOB 20 years on
NSW adjudication
Hong Kong adjudication
2019 Edinburgh Adjudication and Arbitration Conference
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019)
The need for dispute boards on international waste to energy projects was presented to Dispute Resolution Board Foundation members and guests by Sean Gibbs of Hanscomb Intercontinental in May 2021.
Top 10 Recent Developments in Cambodian IP - Abacus IPAbacus IP
Most important intellectual property law developments in Cambodia in 2017, covering copyright, patent, trademark, geographical indications and industrial designs. Published by Abacus IP.
February 2019 newsletter of UK Adjudicators.
MACOB 20 years on
NSW adjudication
Hong Kong adjudication
2019 Edinburgh Adjudication and Arbitration Conference
Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 (24 January 2019)
UK Adjudicators are an adjudicator nominating body with the largest multi disciplinary panel in the UK.
Adjudicator nominations are made free of charge.
UK Adjudicators are an adjudicator nominating body who nominate sole adjudicators and dispute board members in the United Kingdom and internationally. The nomination service is a free service to the parties.
The June newsletter features adjudication cases from the UK, NSW, Singapore and updates from Canada and NSW on adjudication legislation.
City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...Francis Ho
A supplemental submission from the City of London Law Society's Construction Law Committee sent to the Department for Business, Energy & Industrial Strategy (BEIS) on 3 December 2018 regarding potential proposals to introduce a statutory retention deposit scheme for construction contracts in the United Kingdom.
Hanscomb Intercontinental Autumn 2018 Newsletter updates our clients in the construction and engineering industries on the company and events taking place
UK Adjudicators are pleased to be able to share the 2019 Edinburgh Adjudication & Arbitration Conference Slides with you.
Lisa Cattanach CDR
Sean Gibbs UK Adjudicators
Iain Aitchison Ankura
John Papworth Dispute Resolution Board Foundation (DRBF)
Hew Dundas Hew R Dundas
Murray Armes Sense Studio
Louise Woods Vinson & Elkins RLLP/Arbitral Women
Brandon Malone Scottish Arbitration Centre
Donny Mackinnon Mackinnon Consult
Catherine Gilbert Temple Bright
Natasha Peters Gide Loyrette Nouel
Philip Knight Womble Bond Dickinson (UK) LLP
Andrew O’Connor Augusta Ventures Ltd
UK Adjudicators September 2019 newsletter discussing construction adjudication around the world with a look at the UK, Singapore and Australia in this edition.
MISSION IMPOSSIBLE? DEALING WITH WITNESS AND EXPERT EVIDENCE
Courts and tribunals, arbitrators and adjudicators, all have different rules and approaches to factual and expert evidence. Although there are some common themes and approaches, a run of recent cases suggests there are many issues still to be discussed. By looking at these cases, Marion Smith QC and Melissa Shipley will consider issues like: who is an expert? When will adverse inferences be drawn? What is an “unbiased” opinion? Do I have to challenge this witness?
City of London Law Society - Construction Law Committee - Response to Retenti...Francis Ho
RESPONSE OF THE CITY OF LONDON LAW SOCIETY CONSTRUCTION LAW COMMITTEE TO THE DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY'S CONSULTATION ON THE PRACTICE OF CASH RETENTION UNDER CONSTRUCTION CONTRACTS
UK Adjudicators 2021 London Adjudication & Arbitration Conference pack with speakers slides. Speakers included:
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damain James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
Panel subjects and programme:
Conference 9.05am to 5.00pm (ZOOM)
09.15 to 10.30 Defining and achieving diversity in tribunals
10.30 to 10.45 break
10.45 to 12.00 Controlling costs by capping fees of tribunal members
12.00 to 12.45 Governing Law after Brexit
12.45 to 13.15 lunch
13.15 to 14.30 Statutory ADR or contractual ADR ?
14.30 to 14.45 break
14.45 to 16.00 Do experts discharge their duties to the tribunal ?
16.00 to 17.00 Management of delinquent party behaviour !
UK Adjudicators 2021 London Adjudication & Arbitration Conference has leading speakers from law firms, barristers chambers, expert firms and adjudicators and arbitrators.
UK Adjudicators are an adjudicator nominating body with the largest multi disciplinary panel in the UK.
Adjudicator nominations are made free of charge.
UK Adjudicators are an adjudicator nominating body who nominate sole adjudicators and dispute board members in the United Kingdom and internationally. The nomination service is a free service to the parties.
The June newsletter features adjudication cases from the UK, NSW, Singapore and updates from Canada and NSW on adjudication legislation.
City of London Law Society - Submittal to BEIS on Statutory Retention Deposit...Francis Ho
A supplemental submission from the City of London Law Society's Construction Law Committee sent to the Department for Business, Energy & Industrial Strategy (BEIS) on 3 December 2018 regarding potential proposals to introduce a statutory retention deposit scheme for construction contracts in the United Kingdom.
Hanscomb Intercontinental Autumn 2018 Newsletter updates our clients in the construction and engineering industries on the company and events taking place
UK Adjudicators are pleased to be able to share the 2019 Edinburgh Adjudication & Arbitration Conference Slides with you.
Lisa Cattanach CDR
Sean Gibbs UK Adjudicators
Iain Aitchison Ankura
John Papworth Dispute Resolution Board Foundation (DRBF)
Hew Dundas Hew R Dundas
Murray Armes Sense Studio
Louise Woods Vinson & Elkins RLLP/Arbitral Women
Brandon Malone Scottish Arbitration Centre
Donny Mackinnon Mackinnon Consult
Catherine Gilbert Temple Bright
Natasha Peters Gide Loyrette Nouel
Philip Knight Womble Bond Dickinson (UK) LLP
Andrew O’Connor Augusta Ventures Ltd
UK Adjudicators September 2019 newsletter discussing construction adjudication around the world with a look at the UK, Singapore and Australia in this edition.
MISSION IMPOSSIBLE? DEALING WITH WITNESS AND EXPERT EVIDENCE
Courts and tribunals, arbitrators and adjudicators, all have different rules and approaches to factual and expert evidence. Although there are some common themes and approaches, a run of recent cases suggests there are many issues still to be discussed. By looking at these cases, Marion Smith QC and Melissa Shipley will consider issues like: who is an expert? When will adverse inferences be drawn? What is an “unbiased” opinion? Do I have to challenge this witness?
City of London Law Society - Construction Law Committee - Response to Retenti...Francis Ho
RESPONSE OF THE CITY OF LONDON LAW SOCIETY CONSTRUCTION LAW COMMITTEE TO THE DEPARTMENT FOR BUSINESS, ENERGY & INDUSTRIAL STRATEGY'S CONSULTATION ON THE PRACTICE OF CASH RETENTION UNDER CONSTRUCTION CONTRACTS
UK Adjudicators 2021 London Adjudication & Arbitration Conference pack with speakers slides. Speakers included:
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damain James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
Panel subjects and programme:
Conference 9.05am to 5.00pm (ZOOM)
09.15 to 10.30 Defining and achieving diversity in tribunals
10.30 to 10.45 break
10.45 to 12.00 Controlling costs by capping fees of tribunal members
12.00 to 12.45 Governing Law after Brexit
12.45 to 13.15 lunch
13.15 to 14.30 Statutory ADR or contractual ADR ?
14.30 to 14.45 break
14.45 to 16.00 Do experts discharge their duties to the tribunal ?
16.00 to 17.00 Management of delinquent party behaviour !
UK Adjudicators 2021 London Adjudication & Arbitration Conference has leading speakers from law firms, barristers chambers, expert firms and adjudicators and arbitrators.
UK Adjudicators London 2021 Conference
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Murray Armes SENSE STUDIO / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damian James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
Hanscomb Intercontinental CEO Sean Gibbs spoke alongside Katie Pickering (BPE Solicitors LLP) and Keith Blizzard HCR Hewitsons) at the recent Constructing Excellence Gloucestershire Club webinar on Material Shortages and Fluctuations clauses in standard from contracts.
Contracts discussed included JCT/NEC/FIDIC & ICHEME
If you need advice do get in touch
info@hanscombintercontinental.co.uk
UK Adjudicators has the UK's largest largest multi-disciplinary panel of adjudicators and as one of the leading Adjudicator Nominating Bodies will nominate an adjudicator to resolve your dispute at cost.
UK Adjudicators London 2021 Adjudication & Arbitration Conference takes place on the 19 August as a hybrid event.
Speakers include:
Marion Smith QC 39 ESSEX / CIARB
Daniel Miles AQUILA FORENSICS
Abdul Jinadu KEATING CHAMBERS / UK ADJUDICATORS
Jeremy Glover FENWICK ELLIOTT
Sean Gibbs UK ADJUDICATORS / HANSCOMB INTERCONTINENTAL
Seamus O’Doherty BRG / RICS / UK ADJUDICATORS
Sean Fishlock BRG
Matt Finn ANKURA / UK ADJUDICATORS
Iain Aitchison ANKURA / UK ADJUDICATORS
Murray Armes SENSE STUDIO / UK ADJUDICATORS
Giorgiana Tecuci SCPA TECUCI PĂLTINEANU / DRBF / FIDIC
Brandon Malone SAC / RICS / CIARB / UK ADJUDICATORS
Chantelle Humphries THE BRIDGE GROUP OF ADVOCATES / UK ADJUDICATORS
Robert Sliwinski SWL CHAMBERS / UK ADJUDICATORS
Patrick Waterhouse BOWDON CONSULTING / UK ADJUDICATORS
Peter Aeberli 3PB / UK ADJUDICATORS
Karen Gough 39 ESSEX
Johan Beyers KEATING CHAMEBRS
Robert Werth WERTH CONSULTING
Dean Sayers SAYERS COMMERCIAL / UK ADJUDICATORS
Lisa Cattanach CDR / RICS / UK ADJUDICATORS
Suryen Nullamtamby BIRKETT LONG LLP / UK ADJUDICATORS
John Cock ON Q CONSULTING COLLABORATING WITH HANSCOMB INTERCONTINENTAL
Glenn Haley BRYAN CAVE LEIGHTON PAISNER LLP
Albert Yeu AECOM / UK ADJUDICATORS
Paul Checketts HANSCOMB INTERCONTINENTAL / UK ADJUDICATORS
Jonathan Pawlowski COLLYER BRISTOW
Jessica Tresham WOMBLE BOND DICKINSON
Philip Harris WRIGHT HASSALL
Justin Mort QC KEATING CHAMBERS
Giovanni Di Folco TECHNO ENGINEERING / DRBF
Adriana Spassova EQE / DRBF / FIDIC
Sharon McGahey BLACKROCK EXPERT SERVICES
Yasemin Cetinel CENTINEL LAW FIRM
Bernadette Barker BARKER CONSULTANTS
Giorgiana Tecuci SCPA TECUCI PALTINEAU
James Bridgeman SC 4-5 GRAYS INN / ARBITRATOR
Damain James DAMIAN JAMES QUANTUM & DELAY / UK ADJUDICATORS
Peter Clyde ADDLESHAW GODDARD LLP
UK Adjudicators are the largest multi-disciplinary adjudicator nominating panel in the United Kingdom.
We offer free adjudicator nominations and also a capped fee scheme
UK Adjudicators are an adjudicator nominating body for construction disputes and have the largest multi-disciplinary panel of adjudicators in the United Kingdom.
Hanscomb Intercontinental are pleased to be a supporting patron of the Vis East Moot.The programme for the week long event provides details on the competing teams, arbitrators and networking events.
Advertisements from Keating Chambers & Atkin Chambers and Hanscomb Intercontinental appear in the programme.
UK Adjudicators are an adjudicator nominating body.Nominations are free of charge and are made from our panel of adjudicators. Panel members include retired TCC judges, solicitors, barristers, surveyors, engineers, architects and other built environment professionals.
UK Adjudicators are an Adjudicator Nominating Body (ANB) for the United Kingdom and International construction and engineering industries.
www.ukadjudicators.co.uk
UK Adjudicators are a leading Adjudicator Nominating Body (ANB )for the construction and engineering industries.
Panel members include retired judges, solicitors, barristers, engineers, surveyors and architects.
Hanscomb Intercontinental provide expert advisory & expert witness services to the global onshore and offshore construction, engineering and shipbuilding industries.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
1. WWW.UKADJUDICATORS.CO.UK
OCTOBER 2018 NEWSLETTER
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EDITORS COMMENTS
The Adjudication Society conference takes
place on the 8th
November in Bristol, as many
of our panellist will be attending we have
arranged an informal dinner on the 7th
November at Loch Fyne at 7.00pm. I hope to
be able to meet with you and discuss the
future development of UK Adjudicators.
On the theme of conferences I have had the
pleasure of attending the Society of
Construction Law 8th
International Conference
in Chicago and the FIDIC International
Infrastructure Conference in Berlin.
The success of adjudication in the United
Kingdom and its copying around the globe
focussed in many formal and informal
discussions at the conferences and is
something we should be proud of as an
industry and body. This shouldn’t stop us from
constantly reviewing what we have done,
learning from other countries and changing
where needed to offer improved service to
our end users.
Sean Gibbs LLB(Hons)MICE FCIOB FRICS
FCIARB, is a director with Hanscomb
lntercontinental and is available to serve as an
arbitrator, adjudicator, mediator, quantum
expert and dispute board member.
sean.gibbs@hanscombintercontinental.co.uk
CONSTRUCTION (RETENTION
DEPOSIT SCHEMES) BILL 2017-19
The second reading debate of the
Construction (Retention Deposit Schemes) Bill
introduced by Mr Peter Aldous MP has been
postponed again, from 15 June, and is now
expected to take place on Friday 26 October
2018.
The Bill’s progression through Parliament can
be followed via the following link:
https://services.parliament.uk/bills/2017-
19/constructionretentiondepositschemes.html
HONEY BEES PRESCHOOL LTD V 127
HOBSON STREET LTD [2018] NZHC
32
The New Zealand High Court followed the
United Kingdom’s Supreme Court in
Cavendish Square Holding BC v Makdessi
[2015] UKSC 67 by holding that, a clause is a
penalty where the detriment to the contract
breaker was “out of all proportion to any
legitimate interest of the innocent party in the
enforcement of the primary obligation”.
In this case Honey Bees Preschool Ltd leased
premises from 127 Hobson Street Ltd for the
purposes of operating a childcare centre. The
lease required the landlord to install a second
lift on the premises and, if this was not
operational by 31 July 2016, to indemnify
2. WWW.UKADJUDICATORS.CO.UK
OCTOBER 2018 NEWSLETTER
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Honey Bees against all obligations it may incur
in relation to the premises. This indemnity
would have the effect of allowing Honey Bees
to occupy the premises for approximately two
years rent-free.
In applying In applying the ‘legitimate
interest’ test, the judge considered the
following factors were relevant in concluding
that the obligation to indemnify was not a
penalty:
a. Honey Bees Preschool Ltd concerns
regarding non-performance were legitimate.
b. 127 Hobson Street Ltd had 31 months to
install the lift without triggering the indemnity
provisions.
c. 127 Hobson Street Ltd should have known
the importance of the lift to the plaintiff’s
business.
d. 127 Hobson Street Ltd’s non-performance
would affect Honey Bees Preschool Ltd’s
ability to operate a successful childcare facility
at capacity.
e. Both parties were commercially astute. The
defendant was an experienced property
developer who managed 12 commercial
properties. Any vulnerability it possessed was
self-imposed through its reliance on internal
expertise rather than seeking legal advice
from its solicitor.
f. The purpose of the indemnity clause was to
ensure performance, not to punish the
defendant.
Whilst the empire has been dismantled, this
case serves as an indication of foreign courts
willingness to follow the United Kingdoms
Supreme Court’s rulings; and whilst they are
accepted and followed it is at the discretion of
the local court and judges whether they find
the case persuasive. In this case the judge
weighed both Australian and United Kingdom
decisions before accepting the United
Kingdom’s Supreme Court ruling in Cavendish
Square Holding BC v Makdessi [2015] UKSC 67
as to the law on penalties in New Zealand.
https://forms.justice.govt.nz/search/Docume
nts/pdf/jdo/8c/alfresco/service/api/node/con
tent/workspace/SpacesStore/aa4eed17-02cc-
4f31-9672-f5379137ebf9/aa4eed17-02cc-
4f31-9672-f5379137ebf9.pdf
Thomas Johnson, is a director in the global
construction claims consultancy Hanscomb
Intercontinental.
3. WWW.UKADJUDICATORS.CO.UK
OCTOBER 2018 NEWSLETTER
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CHALLENGING A PAYMENT NOTICE
IN THE ABSENCE OF A PAY LESS
NOTICE
Justin Mort QC, the well known barrister
practising from Keating Chambers, London
has just had his paper published by the
Society of Construction Law (UK) where he
considers whether in circumstances where a
party to a construction contract fails to serve
a valid notice of its intention to pay less, that
party is nonetheless entitled to challenge the
notified sum in adjudication or other
proceedings. The paper provides an analysis
of this question in light of the impending
review by the Court of Appeal of Grove
Developments v S&T. He examines the
changes to section 111 of the Housing Grants,
Construction and Regeneration Act 1996 and
the differing approaches to the amended
provisions taken in recent cases. He goes on
to consider the question of when the paying
party’s right to challenge the payment notice
arises.
The writer would urge you to read the paper
which can be found at:
https://www.scl.org.uk/papers/challenging-
payment-notice-absence-pay-less-notice
2018 ENGLAND AND WALES HIGH
COURT (TECHNOLOGY AND
CONSTRUCTION COURT) DECISIONS
August / September
DHL Supply Chain Ltd v Secretary of
State for Health and Social Care
[2018] EWHC 2213 (TCC) (17 August
2018)
Hodgson v National House Building
Council [2018] EWHC 2226 (TCC) (29
August 2018)
Swansea Stadium Management
Company Ltd v City & County of
Swansea & Anor [2018] EWHC 2192
(TCC) (15 August 2018)
Bond v Mackay & Ors [2018] EWHC
2475 (TCC) (25 September 2018)
Ocean Outdoor UK Ltd v
Hammersmith And Fulham [2018]
EWHC 2508 (TCC) (28 September
2018)
Palmer Birch (A Partnership) v Lloyd &
Anor [2018] EWHC 2316 (TCC) (24
September 2018)
Williams Tarr Construction Ltd v
Anthony Roylance Ltd & Anor [2018]
EWHC 2339 (TCC) (14 September
2018)
4. WWW.UKADJUDICATORS.CO.UK
OCTOBER 2018 NEWSLETTER
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ESCL CONFERENCE 2018
The European Society of Construction Law
conference 2018 is due to take place from
Thursday, 25 October 2018 to Saturday, 27
October 2018 in Bucharest.
http://rscl.ro/en/escl-2018/
UK ADJUDICATORS DINNER
The UK Adjudicators will be holding a dinner
at Loch Fyne restaurant in Bristol the evening
of the 7th
November 2018 7.00pm for 7.30pm.
Anyone with an interest in adjudication is
welcome to attend. If you would like an
invitation please email
ADJUDICATION SOCIETY ANNUAL
CONFERENCE 2018
The Adjudication Society's Seventeenth
Annual Conference will be held at the
Mercure Bristol Hotel on Thursday 8th
November 2018.
The theme will be 'Adjudication: A 2018
Refresher and Update' and the key note
speaker is Mrs Justice O'Farrell QC.
https://www.adjudication.org/events/annual-
conference-2018
DRBF CONFERENCES 2018
Charlotte, USA 17-19 October 2017
Geneva, Switzerland 14-16 November 2018
http://www.drb.org/events/calendar/
5. WWW.UKADJUDICATORS.CO.UK
OCTOBER 2018 NEWSLETTER
5 | P a g e
FIDIC CONFERENCES 2018
Main Conference: 30 & 31 October 2018
Dispute Resolution + Claims Workshops: 29
October 2018
Introduction to FIDIC Contracts Workshop: 1
November 2018
Hyatt Regency, Johannesburg, South Africa
https://law.knect365.com/fidic-africa-
contracts/
Contractor & Claims Workshops: 3 December
Main Conference: 4 & 5 December 2018
Modified Contracts & Dispute Resolution
Workshops: 6 December 2018
Novotel London West, London, UK
https://law.knect365.com/fidic-international-
contract-users/
Cardiff 28 November 2018
(1) Key recent professional liability cases; (2)
Trends (including post Grenfell liability issues
and the Carillion liquidation); and (3) Practical
guidance
5.30 for 6.00pm at Blake Morgan, One Central
Square, Cardiff CF10 1FS
Speakers are Sarah Hannaford QC and Tom
Owen Keating Chambers
SCL INTERNATIONAL CONFERENCE
2020
The Society of Construction Law 9th
International Conference is being held from
the 4th to the 6th November, 2020 in
Auckland, New Zealand, further details can be
found at:
http://www.constructionlaw2020.com/scl20