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, and looks at the cost consequences of doing so. It also considers whether a party that has discontinued an adjudication can subsequently commence a second one on the same issues.
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 Practice Note: Entitlement to legal costs of an 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. This was the position in Midland Expressway v Carillion. The judge relied on the following reasons as to why such a course was permissible:
it is impossible to read into either the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) or the
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