[2005] EWHC 1268 (TCC), 17 June 2005, regarding an application under Part 8 of the Civil Procedure Rules for declarations as to the construction and effect of terms of a contract. Discusses the issue of commencing adjudication proceedings following the issue of a final certificate under a JCT contract. An adjudicator from RIBA had been appointed but Bennett (B) complained that his appointment was invalid and in breach of contract having not been secured with seven days of the date of the notice of intention to refer: the adjudicator agreed and resigned. The next day, FMK re-served the notice and the same adjudicator was appointed four days later. The question was whether the final certificate was binding upon both parties as the adjudication appeared to have missed the 28-day deadline. "Held": there had been no obligation by FMK to secure the appointment of an adjudicator within seven days of the notice of intention and consequently the adjudicator need not have resigned. However he had and consequently the adjudication proceedings had not been commenced within 28 days, the first notice being sufficient to comply with the contract provisions to prevent the final certificate from being conclusive. Implies that, providing a notice of intention to refer a dispute to adjudication is given within 28 days of the issue of a final certificate, the final certificate will not be conclusive evidence as to matters raised in the adjudication.