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Can you sue the referee?

By: Series: Building ; (27) 7 July 2000, 71(1)Publication details: 2000Subject(s): Summary: Looks at jurisdiction in adjudication proceedings in the light of the dispute between Mowlem and Hydra-Tight. Mowlem in its subcontract insists it has the right to choose a barrister. Hydra-Tight disagreed and called in the ICE to appoint. Mowlem argued that if the referee continued to adjudicate, thenhe had no right to adjudicate, and that the company would sue him for costs. As an alternative, the author suggests that Mowlem could have approached the Technology and Construction Bar Association.

Looks at jurisdiction in adjudication proceedings in the light of the dispute between Mowlem and Hydra-Tight. Mowlem in its subcontract insists it has the right to choose a barrister. Hydra-Tight disagreed and called in the ICE to appoint. Mowlem argued that if the referee continued to adjudicate, thenhe had no right to adjudicate, and that the company would sue him for costs. As an alternative, the author suggests that Mowlem could have approached the Technology and Construction Bar Association.