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Building contract – Adjudication. The proceedings concerned an application by the claimant building contractor for an injunction to restrain the defendant property developers from proceeding with a reference to adjudication. The claimant submitted that the adjudicator did not have jurisdiction to decide the dispute, because that dispute was the same or substantially the same as that which had already been decided in a previous adjudication. The Technology and Construction Court, in dismissing the application, held that, if the first dispute raised more than one issue or, as in the present case, raised issues that had been put in the alternative, a decision by an adjudicator in the first adjudication only on a party's primary case did not prevent a second adjudicator from determining the alternative case.
Building contract – Adjudication. The proceedings concerned an application by the claimant building contractor for an injunction to restrain the defendant property developers from proceeding with a reference to adjudication. The claimant submitted that the adjudicator did not have jurisdiction to decide the dispute, because that dispute was the same or substantially the same as that which had already been decided in a previous adjudication. The Technology and Construction Court, in dismissing the application, held that, if the first dispute raised more than one issue or, as in the present case, raised issues that had been put in the alternative, a decision by an adjudicator in the first adjudication only on a party's primary case did not prevent a second adjudicator from determining the alternative case.
The Chair of the Bar reports back
By Kem Kemal, CEO, Henry Dannell
By BSK Financial Planning
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Kick off your career at the Bar Council’s Pupillage Fair this October – it’s one of the most valuable opportunities for aspiring barristers, says Amelia Clegg
The golden age of advocacy? David Langwallner pays homage to the filmic if contentious barrister Sir Edward Carson and some of his contemporaries
Henry Fingerhut outlines what the Bar Standards Board AI guidance means for early career barristers
The Ministry of Justice will match-fund up to 100 criminal pupillages, with grants available to criminal chambers across England and Wales. Similar to the COIC scheme, the grants will match-fund pupillages additional to those otherwise offered without government funding
Not yet, says Jacob Turner. Regulation, unlike the technology itself, is a domain the legal profession can still control