Adjudication

Recent Work

Dispute relating to the quality of maintenance services at a hospital under a PFI contract.
Acting as adjudicator in a dispute between a railway service provider and engineering professional arising out of a contract for civil works and signalling installation, signalling design, E&P testing and commissioning in the SE of England (claim value approximately £30m).
Disputes relating to rail construction works.
Dispute between an SPV and an NHS Trust relating to management services to be provided under a PFI contract.
Acted as adjudicator on over 50 major disputes relating to engineering, energy and infrastructure disputes.
Named adjudicator in various Channel Tunnel Rail Link contracts.
Regularly appointed by the President of the Institution of Engineering and Technology (IEE/IET) in respect of electrical and mechanical engineering disputes and by CEDR on domestic and international adjudications.
Advised the construction industries in two foreign countries as regards the introduction of statutory adjudication.

Introduced in 1998 by the Housing Grants, Construction and Regeneration Act 1996 as an alternative to Court proceedings, adjudication offers a quick, straightforward and relatively informal way of resolving disputes arising out of construction contracts, binding on the parties unless and until challenged in Court or arbitration.

With decisions made typically within 28 days of the case being referred to an independent adjudicator, and with no limit on the value of the dispute, adjudication is a commercially attractive option to many clients. Successful claimants, in particular, benefit from being able to get back to business more quickly than would be possible using the longer, more formal Court process.

The 28-day time limit means that parties involved need to be highly organised and skilful if they are to be successful. Defendants may have to prepare a defence to a major claim in a very few days, while claimants need to be ready to deal with a substantial defence at very short notice.

Given the real practical issues surrounding adjudication, expert advice and representation from counsel is crucial in preparing for and during adjudication proceedings.

Keating Chambers and Adjudication

Members of Keating Chambers have always been and remain at the forefront of the development in the law on adjudication from the outset and have unrivalled experience in providing advisory, preparatory, documentary and advocacy work in relation to adjudication and related Court proceedings (such as enforcement proceedings and Part 8 claims).

Chambers also offers a bespoke direct access adjudication service, allowing individuals and companies to directly instruct Counsel to run adjudications from start to finish. Typically this service is significantly cheaper than instructing claims consultants or solicitors (particularly if the decision requires enforcement by the Court) and clients enjoy the benefit of liaising with recognised experts in the field.

In recognition of their specialist experience, members of Keating Chambers at all levels are frequently appointed as adjudicators and are regularly named as adjudicators in contracts. In other cases they are appointed by agreement of the parties or by a nominating body.

Further Information
For further information on how our members can assist you, please contact the Director of Clerking, Paul Cooklin or Senior Clerk, Nick Child in the first instance on +44 20 7544 2600. The teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.