Introduced by the Housing Grants, Construction and Regeneration Act 1996 as an alternative to court proceedings, adjudication offers a quick, straightforward way of resolving disputes arising out of construction contracts, binding on the parties unless and until challenged in court or in arbitration proceedings. Adjudication is also used in other forms of contract, particularly PFI contracts. Keating Chambers undertakes a considerable amount of adjudication work in the PFI sphere.
With decisions typically made within 28 or 42 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.
Adjudicators
Selecting and appointing the right adjudicator for your dispute is becoming increasingly important, with experienced and specialist adjudicators in high demand.
In recognition of their specialist experience, members of Keating Chambers at all levels are frequently appointed as adjudicators in a range of disputes and values, either as named adjudicators in contracts, by agreement of the parties, or through a nominating body. Members appear on a variety of adjudicator panels and nominating bodies’ lists,
For adjudicator appointment enquiries and for any further information about the adjudication process, please contact our ADR Practice Management Team.
Counsel
Given the real practical issues surrounding adjudication, expert advice and representation from counsel is crucial both in preparing for and during adjudication proceedings.
Barristers at Keating Chambers remain at the forefront of the development in the law on adjudication 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).
Counsel are all experts in adjudication and have vast experience with dealing with adjudications on the usual 28-day timeframes and extended timeframes across multiple parties.
Keating Chambers’ Juniors’ Adjudication Enforcement Package
Keating Chambers is pleased to offer a competitive fixed fee package for its junior barristers of up to 6 years of practice to act in adjudication enforcement hearings. Under this scheme, juniors will act for claimants or defendants to adjudication enforcement proceedings, up to a value of £250,000, in any court for a fixed fee.
The fixed fees are in bands reflecting the barristers’ years in practice. There are separate fixed fees for drafting the enforcement documents, reviewing witness evidence and appearing at the hearing.
This package provides significant benefits to clients, with the certainty of fixed fees and the benefit of competitive (discounted) fees compared to estimates on our Juniors’ normal hourly rates.
Keating Chambers has a dedicated team of ADR clerks to provide the necessary separation when we have both counsel and arbitrator engaged in the same dispute. Please email adrclerks@keatingchambers.com to find out more.
