This Practice Note considers the availability and use of declarations under CPR 8 in relation to adjudication proceedings. It looks at the various stages at which a declaration may be sought—before an adjudication has been commenced, while one is on foot and after an adjudication decision has been given. Such proceedings are a form of Technology and Construction Court ‘adjudication business’.
This Practice Note explains what a Referral Notice (sometimes referred to simply as a ‘Referral’) is and sets out what it should contain. It also provides practical tips for drafting an effective Referral Notice, and considers when the Referral Notice must be served and the consequences of failing to meet the deadline for service.
This Practice Note sets out the key principles when considering an adjudicator’s fees and expenses, as well as their potential liability (eg if they breach the rules of natural justice or act outside their jurisdiction). This Note covers the basis of the adjudicator’s entitlement to payment, including any requirement as to reasonableness of their fees, as well as their ability to apportion liability for their fees, joint and severable liability of the parties, and what happens if the adjudicator resigns or has their appointment revoked.
This Practice Note identifies some of the key differences between adjudication and litigation, arbitration, mediation and expert determination.
This Practice Note looks at enforcement of an adjudication decision as provided for in section 9 of the Technology and Construction Court (TCC) Guide, including recoverability of the legal costs incurred in doing so. This generally involves a Part 7 claim and summary judgment application, although there may need to be a full (albeit expedited) trial. This Practice Note also considers the ability to enforce a decision by seeking a mandatory injunction and the effect of a foreign jurisdiction or governing law clause on adjudication enforcement proceedings. Adjudication enforcement is a form of TCC ‘adjudication business’.
This Practice Note explains expert determination for technical or contract interpretation disputes. It defines expert determination and considers the agreement between the parties for choosing/appointing the expert. The expert’s jurisdiction and the binding nature of the decision given are explored and the procedure, limitation and claims against experts are also covered.
This Practice Note addresses whether a jurisdictional challenge can be made in an adjudication and, if so, when the challenge to the adjudicator’s jurisdiction should take place and how to deal with it. It also looks at waiver/reservation of jurisdiction objections, approbation and reprobation (asserting two inconsistent positions), procedures in the Technology and Construction Court relevant to jurisdictional challenges (applications for declarations etc), and whether an adjudication can be stayed (stopped) pending the challenge.
This Practice Note explains the different situations where an adjudicator may resign, which can be mandatory (eg because the adjudication rules/contract provide that they must) or voluntary (eg due to illness), and looks at the procedure for resignation.
This Practice Note explains the adjudicator’s jurisdiction to decide a dispute in an adjudication. It looks at how the jurisdiction of adjudicators is derived, their ability to make a binding decision on whether they have jurisdiction, and the impact (if any) of mistakes of fact, errors of law or procedural errors on jurisdiction.
This Practice Note looks at the entitlement of a party to make submissions in an adjudication after the Response (eg a Reply, Rejoinder or Surrejoinder). It also sets out the purpose of additional submissions, practical tips and considerations for drafting them, and considers whether they may include new arguments.
This Practice Note considers when the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies, including the meaning of construction contract and the meaning of construction operations (and the issue of hybrid contracts). It also looks at the various exclusions, including the exclusion orders, residential occupier exception and territorial limitations, as well as the ‘in writing’ requirement for contracts entered into before 1 October 2011.
This Precedent is a ‘Scott Schedule’ which can be used in relation to a damages claim in order to set out the key issues between the parties in a construction dispute.
This Precedent is a ‘Scott Schedule’ which can be used to set out the key issues between the parties in relation to a construction dispute regarding defects in the works.
This Precedent is a ‘Scott Schedule’ which can be used to set out the key issues between the parties in relation to a construction dispute regarding delay to completion of the works.
This Practice Note provides a working definition of bailment and practical tips. It discusses modern commercial bailment, how bailment is created, the bailor and bailee and obligations arising between them. Bailment under contract is outlined, together with limitation of liability and incorporation of terms in bailment contracts. Bailments arising in hire purchase agreements, pawn and pledge arrangements, the hospitality industry and international transport are briefly discussed. Non-contractual bailment is introduced and issues with mistaken deliveries and uncollected goods are outlined. Bailment disputes, remedies and actions against third parties are introduced. Tips in relation to pleading bailment are provided.
This Practice Note explains the law and practicalities relating to bills of lading and sea waybills in the context of an arrangement for the carriage of goods by sea. It explains the differences between bearer bills, order bills and sea waybills and explains how the functions of the bill of lading as a receipt, document of title and contractual document. The Practice Note also explains who the parties to the contract of carriage are and their interplay with third parties and how a transfer of rights under the documentation may be achieved.
This Practice Note explains Article 24 of Regulation (EU) 1215/2012 (Brussels I (recast)) which gives the courts of an EU Member State exclusive jurisdiction; irrespective of the defendant’s domicile or any contrary party agreement. The Practice Note covers claims involving immovable property (Article 24(1)), a company’s constitution/corporate governance and validity of actions (Article 24(2)), public registry entries (Article 24(3)), IP rights (Article 24(4)) as well as all proceedings involving the enforcement of judgments (Article 24(5)). This Practice Note includes discussion of the application of Article 24 to the UK as a non-EU Member State (or a third state as they are often known) following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement).
This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the carrier and measure of damages under the common law and the conventions. The Warsaw Convention and Montreal Convention (and the various versions of each) are explained, an explanation of how to work out which convention applies is provided and limitation of liability, jurisdiction and time bars under the conventions are also discussed. The Practice Note also provides an introduction to cargo documentation requirements and liability for loss, damage or delay to cargo.
This Practice Note provides a summary of the law relating to the carriage of goods by rail as provided for in the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM). It explains the scope of application of CIM, the contract of carriage under CIM, how liability is apportioned under CIM, time bars and jurisdiction.
This Practice Note considers the regimes covering carriage of goods by road both in the UK with no international element and also overseas where there is an element of international carriage of goods under the Convention on the Contract for the International Carriage of Goods by Road (CMR Convention). It explains the liability of the carrier and measure of damages at common law, and the interplay with widely used hauliers’ standard terms. The CMR convention is explained, an explanation of multimodal transport is provided and limitation of liability, jurisdiction and time bars under the CMR Convention are also discussed. The Practice Note also provides an introduction to the consignment note, liability for loss or delay in transit and the defences available to the carrier.
This Practice Note explains the law relating to charterparties in the context of an arrangement for the carriage of goods by sea. It explains the key features of voyage charters, time charters, bareboat charters and slot charters and the damages for breach of charter in relation to each type. It also considers issues of piracy, incorporation of charterparty terms into bills of lading, incorporation of charterparty terms into letters of indemnity, international regulation of carbon dioxide and GHG emissions and bribery within the context of charterparties.
This Practice Note explains the Hague-Visby Rules which are an international convention enacted into English law by the Carriage of Goods by Sea Act 1971 (CGSA 1971) whose purpose is to regulate some of the most important rights and obligations under bills of lading for carriage of goods by sea. The Practice Note covers the scope of the Hague-Visby Rules, the carrier’s responsibilities under them, the carrier’s limitations of liability and immunities available under the Hague-Visby Rules and the relevant time bars.
This Practice Note describes the purpose and functions of sea carriage documents with reference to the delivery of cargo, in particular it examines bills of lading and sea waybills. It considers how bills of lading may either be charterers’ bills or owner’s bills, and how they act as evidence for a contract of carriage or as security for finance.
This Practice Note examines the use of Scott Schedules in construction disputes as a tool to identify the key issues between the parties. A Scott Schedule provides, for the judge, a single-source document setting out the rival cases on an item-by-item basis, helping the judge to compare their positions. The Practice Note also includes example schedules (relating to delay and defects claims) and some useful practice points.
This Practice Note outlines some classes of documents performing the functions of both a document of title and a transport document under which goods are carried. Documents under which goods are carried, and those proving title to goods, are essential to the smooth running of international trade. By far the most important such document in international trade is the bill of lading.
This Practice Note provides an introduction to two types of cargo carrier, common carriers and private carriers, and explains the key aspects of their respective liabilities under their contractual relationships. The Practice Note concerns the carriage of goods only, and not the carriage of passengers.
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