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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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

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DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

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An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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