Why we've legalised theft
Harris, P.
Why we've legalised theft - 2001 - Building 266(8165) 19 January 2001, 60-61(2) .
Calls for reform of the Housing Grants, Construction and Regeneration Act 1996 s108(3) and of the Scheme for Construction Contracts Paragraph 23(2), which prevents the court or an arbitrator from reviewing an adjudicator's decision on an interim basis. This effectively means that an adjudicator's decision is irreversible. Consequently an unfair enrichment of one of the parties by that decision cannot be challenged unless: summary judgment is withheld; a cross-application for an accelerated trial is allowed alongside summary judgement; or summary judgment is not enforced before an accelerated trial or adjudication. Alternatively a judge could grant summary judgment but grant an application to have the award made by the adjudicator repaid to the defendant.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108(3)
SCHEME FOR CONSTRUCTION CONTRACTS PARA 23(2)
SUMMARY JUDGMENTS
UNJUST ENRICHMENT
Why we've legalised theft - 2001 - Building 266(8165) 19 January 2001, 60-61(2) .
Calls for reform of the Housing Grants, Construction and Regeneration Act 1996 s108(3) and of the Scheme for Construction Contracts Paragraph 23(2), which prevents the court or an arbitrator from reviewing an adjudicator's decision on an interim basis. This effectively means that an adjudicator's decision is irreversible. Consequently an unfair enrichment of one of the parties by that decision cannot be challenged unless: summary judgment is withheld; a cross-application for an accelerated trial is allowed alongside summary judgement; or summary judgment is not enforced before an accelerated trial or adjudication. Alternatively a judge could grant summary judgment but grant an application to have the award made by the adjudicator repaid to the defendant.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108(3)
SCHEME FOR CONSTRUCTION CONTRACTS PARA 23(2)
SUMMARY JUDGMENTS
UNJUST ENRICHMENT