A good variety of experience across the disputes field.”

Chambers UK 2024, Construction

Adjudication is a quick form of dispute resolution, available in every construction contract to which the Construction Act applies. It typically takes between 35 and 49 days from the first notice of intention to adjudicate to the receipt of the Adjudicator’s decision. Adjudicators’ decisions are not normally final (the Court or an Arbitrator can normally still make a final decision later), but they are binding until there is a final decision, and have to be complied with.

The whole process happens very quickly, and requires specialist knowledge to get the best from the process and to avoid procedural pitfalls. Failure in an adjudication, or failure to take a valid procedural point at the right time, can be catastrophic. Experienced specialist advice, detailed knowledge of the relevant adjudication case law, and years of hands-on experience can be invaluable. It is advisable to consult us at as early a stage as possible.

Adjudicators’ decisions can only be challenged or not complied with in very limited circumstances, such as if the initial appointment was procedurally invalid, or if there was a breach of natural justice in the process. If one party does not comply with the decision, or if there is a dispute about its validity, then the Court (normally the Technology and Construction Court, which is part of the Business and Property Courts) will often be asked to ‘enforce’ the decision or to decide whether it is procedurally valid. Typically these hearings come on within four weeks or so. The TCC has judges in various locations including London, Bristol, Cardiff, Exeter and Birmingham.

In exceptional cases a stay of execution can sometimes be obtained from the Court, but in the great majority of cases a losing party in adjudication will be ordered to pay or otherwise comply with the decision, and often have to pay the costs of the TCC hearing as well. Specialist advice is essential before deciding to resist (or for that matter try to enforce) an Adjudicator’s decision, to avoid throwing good money after bad.

Recent cases include:

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A good variety of experience across the disputes field.”

Chambers UK 2024, Construction

St John’s Chambers is a ‘first-class‘ set for property and construction law work, with ‘a range of experienced barristers and upcoming juniors‘. “

The Legal 500 2024, Property & Construction

“The clerking is really good.”

Chambers UK 2023, Construction (Client Service)

Providing advice and advocacy services to clients based across the South West and further afield.’ ‘Members are frequently instructed in contractual disputes and construction-related professional negligence claims, among other “high-value and factually complex” cases.’ “

Chambers UK 2023, Construction

High-quality set‘, St John’s houses a team with established strength in handling contentious property matters.’ ‘Top quality counsel with in-depth subject knowledge.’ ‘The barristers are approachable, talented and provide a first class service.’ “

Legal 500 2023, Property & Construction

Barristers at the set are highly experienced in litigation and ADR procedures and are well versed in the full range of construction cases. Members are instructed in contractual disputes and construction-related professional negligence claims, among other complex cases.”

Chambers UK 2022, Construction

St John’s Chambers members appear in the Supreme Court and Court of Appeal, as well as the new Property and Business Courts in Bristol.”

Legal 500 2021, Property and Construction

St John’s Chambers is the strongest chambers in the South West for property work.”

Legal 500 2022, Property and Construction

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