The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published.
In this review of the key adjudication cases from 2016, we consider:
payment notices and final accounts—see below
contract considerations—doubts and amendments—see below
multiple adjudications and disputes—see below
jurisdiction and breach of natural jurisdiction—see below
adjudication enforcement—see below
recovering costs of adjudication—see below
Payment notices and final accounts saw two important decisions this year, that of Mrs Justice O'Farrell in Kilker Projects v Purton dealing with adjudication and the absence of payment notices and that of the Court of Appeal in Complete Building Solutions v Brown and Brown which considered whether disputes as to the validity payment in different years were the same or different disputes. In J Murphy & Sons v W Maher and Sons the court considers determining disputes about final account settlement:
Kilker Projects Ltd v Purton—Mrs Justice O’Farrell decided that a party can adjudicate the valuation of a final payment under the Scheme for Construction Contracts SI 1998/649, (the Scheme) even though there is no payment notice, and that there is a difference between final payment and interim payments. The Judge
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.