The following Construction guidance note provides comprehensive and up to date legal information covering:
Produced in association with 4 Pump Court
This Practice Note explains that it is possible for a referring party to abandon an adjudication, which has already been started, before the adjudicator has issued their decision. It looks at the cost consequences of doing so, and considers whether a party that has discontinued an adjudication can subsequently commence a second one on the same dispute.
For guidance on the situation where an adjudicator resigns (eg because they consider that they do not have jurisdiction to act), see Practice Note: Resignation by the adjudicator.
In litigation, a claimant who has brought a claim needs either the agreement of the other party or an order of the court to withdraw or abandon its claim. This is because the withdrawal or abandonment (otherwise known as discontinuance) will generally be accompanied by an order that the claimant must pay the defendant’s costs of the action. In adjudication, however, the position is different because there is no general entitlement to recover costs (see below and Practice Note: Entitlement to legal costs of an adjudication), or other statutory provision for costs in the event of an abandoned adjudication.
It would appear that the referring party may withdraw or abandon the adjudication at any time, even at the eleventh hour, without any agreement from the other
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