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12 February 2009 / Janna Purdie
Issue: 7356 / Categories: Features , Procedure & practice , LexisPSL
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Adjudication awards

Janna Purdie highlights some issues affecting adjudication awards in the current economic climate

CHART

Adjudication awards / References

Adjudication
As Mr Justice Coulson identifi ed in Able, the current recession and its impact on the construction industry will provide the first real test of the adjudication regime under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996).
It will be interesting to see whether the courts follow the type of robust approach Coulson J followed in his case management of the enforcement proceedings.
Facts of the case
Following an adjudication award, the parties’ contractual relationship broke down.
In consideration of Able not enforcing the award, Forest agreed to pay £150,000 by instalments.
Importantly, Able included a clause in the settlement agreement providing that:
 there was no full and fi nal settlement until the settlement sum had been received in cleared funds; and
 if there was any default Able was entitled to enforce the adjudicator’s decision.
Forest defaulted on the settlement terms and Able applied for enforcement. Forest did not attend the hearing but

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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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