The following Construction practice note produced in partnership with 4 Pump Court provides comprehensive and up to date legal information covering:
The issue of severance normally arises in an enforcement application where the court has upheld a jurisdictional challenge or decided that there has been a breach of the rules of natural justice, but only in respect of part of the adjudicator’s decision. The question, therefore, is whether some parts of the adjudicator’s decision be severed and enforced, even if other parts were made without jurisdiction/in breach of natural justice.
The issue of severance can also arise where the court has determined (eg in Part 8 proceedings) that the adjudicator’s reasoning on a particular point was flawed (see, for example, Willow Corp v MTD Contractors).
For guidance generally on breach of natural justice, the grounds for jurisdictional challenges, and Part 8 proceedings, see Practice Notes: Breach of natural justice in adjudication, Grounds for a jurisdictional challenge in an adjudication and Adjudication and Part 8 proceedings.
Guidance on the ability to sever a decision was given by the court, on an obiter basis, in Cantillon v Urvasco. There the adjudicator had been entitled to deal with more than one dispute in the same reference. A challenge to the whole decision was made on the basis that the adjudicator was in breach of natural justice in dealing with arguments on one of the disputes. The court rejected the
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**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
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate means of addressing the issues raised by the case at hand. For further guidance, see Practice Note:
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty
Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide independent objective advice and to deploy the skill of advocacy on behalf of the client. Although they are part of a team, they also
Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or hearing (as opposed to an ex tempore judgment which is given by the judge orally straight after the hearing or trial). At the end of the hearing the judge
0330 161 1234