The following Construction practice note Produced in partnership with 4 Pump Court provides comprehensive and up to date legal information covering:
This Practice Note looks at raising objections to the jurisdiction of an adjudicator, including whether a party needs to make a challenge, how an effective reservation of rights should be made, the scope and consequences of approbation and reprobation (asserting that an adjudicator's decision is valid for certain purposes while also challenging the validity of the decision), and practical considerations for dealing with challenges.
The availability of recourse from the court is also discussed, ie an application for a declaration to determine an adjudicator’s jurisdiction or for an injunction restraining the commencement or continuation of an adjudication.
For information on the various grounds upon which a jurisdictional challenge might be made, see Practice Note: Grounds for a jurisdictional challenge in an adjudication.
A decision made by an adjudicator without jurisdiction is a nullity. Strictly speaking, parties do not need to challenge the decision on the grounds that the adjudicator lacked jurisdiction—they can ignore the decision and simply allow the other side to attempt to enforce it (if so advised). At the enforcement hearing, they can then submit to the court that there is in fact no decision to be enforced. Similarly, a party who says (correctly) at the outset of the adjudication that the adjudicator lacks jurisdiction to conduct the adjudication can simply refrain from taking any further part in its course and,
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This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow
This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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