Adjudication summary

Article Abstract:

The decision of an adjudicator in a construction dispute is binding and should be abided by until a case is heard in court. If the parties involved in a dispute plan to go to court to resolve an issue the decision of the adjudicator must go ahead until the matter is discussed in the courts. The role of the adjudicator was introduced in the UK Housing Grants, Construction and Regeneration Act 1996 in order to simplify and accelerate the resolution of disputes in the construction industry.

Construction, United Kingdom, Analysis, Construction industry

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Security risk

Article Abstract:

The case of Lloyds Bank v Hawkins has highlighted issues relating to the doctrine of cause of action estoppel. The Court of Appeal ruled that the original judgment covered the sums due under the guarantee signed by Roger Hawkins with Lloyds Bank of the borrowings of his company, as well as his debts. The failure by Lloyds Bank to pursue sums due under the guarantee while also pursuing the balance of the amount due under Hawkins' mortgage effectively robbed the guarantee of its value.

Commercial Banks, Commercial Banking, Banking industry, Interpretation and construction, Lloyds Bank PLC, Estoppel, Hawkins, Roger

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Zero in on adjudication

Article Abstract:

Issues are presented concerning the influence which the Human Rights Act 1998 will have on the process of adjudication. The inconsistency of approach which is expected to arise from conflicting judicial points of view is discussed.

Laws, regulations and rules, Judicial review of administrative acts

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