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Article

Access To Adjudication Restricted By Supreme Court Decision9 July 2024

In a landmark decision, the UK Supreme Court has restricted access to an alternative form of dispute resolution for deciding construction disputes that is quicker and cheaper than litigation. By narrowly interpreting the reference to “construction contract” at section 104 of the Housing Grants, Construction and Regeneration Act 1996, the Court has effectively confined statutory adjudication to the contracts under which the original works and services were performed.

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Article

Commercial Disputes Weekly – Issue 14510 January 2023

We start 2023 with decisions on refund guarantees in a shipbuilding dispute, a no assignment clause in an insurance context, damages for forged warehouse receipts, the enforceability of an adjudicator’s alternative finding and two start-up founders being found liable for fraudulent misrepresentation.

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Article

Adjudication benefits extended by Court of Appeal in important decision21 June 2022

In an important decision, the UK Court of Appeal has today overturned a High Court judgment that restricted the use of a quicker and cheaper means of resolving construction disputes.

The decision in Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP, in which WFW’s construction team acted for Abbey, the successful appellant, will have significant implications for the construction and real estate industries as it confirms the benefits of adjudication as being more widely available.

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