000 02471cad a22002775a 4500
001 L145527
008 081020e20080725xxk f v 000 0 eng d
035 _a(Sirsi) u145527
041 0 _aeng
245 0 0 _aMakers UK Limited v Mayor and Burgesses of the London Borough of Camden
_h[electronic resource]
260 _c2008
520 _a[2008] EWHC 1836 (TCC), 25 July 2008. The case turns around the extent in which a party makes representation to a nominating body to choose a particular adjudicator. Makers UK Limited (M) accuses Camden (C) of a wrongful determination of this employment under the contract. Its clause 9A provided that the adjudicator could be an individual agreed on by both parties or and individual nominated by the Royal Institute of British Architects (RIBA). (M)'s solicitor contacted a qualified solicitor on the RIBA panel to check his willingness to act as an adjudicator. He subsequently proposed this adjudicator to the RIBA panel who appointed him. (C) disputed the validity of the nomination on the basis that the adjudicator was chosen unilaterally by opponent parties and that the adjudicator took a biased decision. Held: The judge concluded that it was possible to make a representation for an individual to be chosen as adjudicator. The Court advised to limit unilateral contact with adjudicators and to make enquiries of potential adjudicators in writing. The Court also recommended nominating bodies to review their rules and consider whether to accept representations and if so, to consider if notice should be given to the other party.
590 _aKA
650 2 4 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
650 2 4 _aJCT INTERMEDIATE FORM OF BUILDING CONTRACT FOR WORKS OF SIMPLE CONTENT (1998 EDITION)
650 2 4 _aMAKERS UK LIMITED V THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF CAMDEN
650 2 4 _aBP REFINERY (WESTERNPOINT) PTY LTD V SHIRE OF HASTINGS
650 2 4 _aMOSVOLDS REDERI A/S V FOOD CORP OF INDIA
650 2 4 _aCROSSLEY V FAITHFUL & GOULD HOLDINGS
650 2 4 _aAMEC CAPITAL PROJECTS LTD V WHITEFRIARS CITY ESTATES LTD
650 2 4 _aPORTER V MAGILL
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2008/1836.html
_zView the case free of charge at www.bailli.org...
942 _n0
999 _c80856
_d80856