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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.
For a Precedent Referral Notice, see: Referral Notice for an adjudication.
Once a Notice of Adjudication has been given, and a person has been appointed to act as an adjudicator, the dispute must be formally referred to the adjudicator. The Referral Notice is the referral of the dispute in writing to the adjudicator, and its purpose is to set out clearly and concisely the referring party’s case. It is, effectively, the referring party’s pleadings, evidence and submissions all rolled into one.
The referring party should bear in mind that the Referral Notice is intended to be the whole of its case, and not just the opening shot. There is no guarantee that it will be entitled to put in further submissions or evidence (such as a Reply), although in practice complex adjudications often include additional exchanges—see Practice Note: The Reply and further submissions in an adjudication.
Unlike with the Notice of Adjudication, neither the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996)
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