Abandoning or ending an adjudication early
Abandoning or ending an adjudication early

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Abandoning or ending an adjudication early
  • Entitlement to abandon an adjudication
  • Commencing a subsequent adjudication on the same dispute
  • Costs of the abandoned adjudication
  • Revocation by both parties

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.

Entitlement to abandon an adjudication

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 party or approval from the adjudicator.

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