Responding party meaning

Created in collaboration with 4 Pump Court. This Checklist highlights several principal matters a responding party ought to review on receiving a Notice of Adjudication. That review includes assessing whether grounds exist for a jurisdictional objection—if they do, the responding party must take particular actions so as not to forfeit its ability to advance the objection (either within the adjudication or later at enforcement). Further direction on jurisdiction can be found in Practice Notes: Grounds for a jurisdictional challenge in an adjudication and Making a jurisdictional challenge. Are there possible grounds to dispute the adjudicator’s jurisdiction? Initial points to consider include: the contract: is there a contract between the parties to the adjudication and has it been properly identified in the Notice of Adjudication? See Practice Note: The Notice of Adjudication (What should the Notice of Adjudication contain?) have the correct contracting parties been stated in the Notice of Adjudication? entitlement to adjudicate: ...

Before commencing the arbitration Check limits; confirm SIAC clause; interim relief; tribunal size; proper nominations. Emergency measures Seek Emergency Arbitrator pre-constitution; urgent, Registrar-approved, binding relief. Expedited Procedure Apply pre-constitution; expect sole arbitrator, streamlined process, six‑month award. Commencing the arbitration Serve Notice on Registrar/respondent with required particulars, funding statement, fee. Responding to the arbitration Respond within 14 days; address claims, jurisdiction and counterclaims. Jurisdiction Arbitration proceeds unless screened; tribunal rules; object under Rule 31. Preliminary meeting and directions Attend administrative calls; hold early case management conference. Written statements File Claim, Defence, Counterclaim as directed; state facts, grounds, relief. Evidence Tribunal controls evidence; written testimony allowed; oral examination on request. The hearing Any party may...

Prepared in conjunction with 4 Pump Court, this Checklist serves as a springboard for a responding party drafting its Response in an adjudication. The matters to be tackled will vary with the dispute’s specific facts and circumstances, but the list sets out the principal points to weigh and directs you to guidance on each. See also Practice Note: Adjudication—the Response for help on the Response, including practical drafting tips, and Checklist: Key issues to consider on receipt of a Notice of Adjudication. Initial considerations Identify any requirements for the Response, including its service deadline and any stipulations as to form and/or content, for example: are there express provisions about the Response in the parties’ contract or the applicable adjudication rules? has the adjudicator issued directions for the Response (which may override contractual requirements)? Timing: there is no statutory time limit for serving a Response, but the adjudicator will usually set a date for service. Consider whether there is sufficient time to review the...

On 2 June 2025, the CJC released its concluding report on the examination of litigation funding. You can access the report here: Review of Litigation Funding Final Report. Purpose of the review The review was initiated in response to the Supreme Court’s ruling in PACCAR v Competition Appeal Tribunal [2023] UKSC 28, which determined that some third-party litigation funding agreements (LFAs) were, in substance, damages-based agreements (DBAs), thereby calling their enforceability into question. The Government asked the CJC to advise on several matters, including: the implications of the PACCAR v Competition Appeal Tribunal [2023] UKSC 28 ruling the broader framework for the regulation of litigation funding the effectiveness and operation of current funding mechanisms in practice potential reforms to the litigation funding regime as a whole Final recommendations Responding to these issues, the report sets out 58 recommendations for litigation funding, aimed at enhancing effective access to justice, ensuring fair and proportionate regulation of third-party litigation funding,...

Responding to a certified query from a federal court in Lake Charles, the Louisiana Supreme Court held on 25 October 2024 that a domestic insurer cannot invoke equitable estoppel to force arbitration under a foreign insurer’s policy. The issue arose from a dispute between a Louisiana municipality and a syndicate of its insurers over cover for publicly owned property damaged by two Category 4 hurricanes in 2020. Because state law prohibits arbitration clauses in insurance policies issued in Louisiana, a different ruling would, the court warned, encourage domestic insurers to misuse a doctrine of last resort—equitable estoppel—by ceaselessly relying on foreign insurers’ policies to compel arbitration. The doctrine permits a non-party to an arbitration agreement to enforce it where the dispute is tied to conduct governed by, or inextricably linked with, the contract. According to the opinion authored by Justice Pro Tempore Jeannette Theriot Knoll, its use is disfavoured in Louisiana...

VMA Services Limited v Project One London Limited [2025] EWHC 1815 (TCC) What are the practical implications of this case? The decision underscores that where an employer (or main contractor) does not issue a compliant Payment or Pay Less Notice, the contractor (or sub‑contractor) becomes entitled to the notified sum — namely the figure stated in the payee’s default payment notice — and the adjudicator may direct immediate payment of that amount, without need for a further adjudication. Paying the notified sum is a mandatory, immediate legal obligation of payment. A true valuation adjudication cannot be used by the employer (or main contractor) to challenge liability or quantum until the notified sum has first been paid in full. Accordingly, serving valid Payment or Pay Less Notices is essential to preserve the right to contest payment figures through the adjudication process and to avoid surrendering the opportunity. It also confirms an adjudicator’s jurisdiction to make a monetary award in favour of a responding party where, within the scope of...

Prepared in collaboration with 4 Pump Court, this Practice Note condenses the choices open to a party aiming to stop enforcement of an adjudication decision, while also signposting grounds the court has dismissed or rejected. The courts adopt a pro-enforcement stance towards adjudication outcomes and, as set out below, the instances in which a decision will not be enforced (or a stay of execution will be ordered) are tightly constrained. Summary of grounds for resisting enforcement The court will refrain from enforcing an adjudicator’s decision, or grant a stay of execution, only in narrowly defined situations: the adjudicator lacked jurisdiction (see Practice Note: Grounds for a jurisdictional challenge in an adjudication) there was a serious or material breach of natural justice in the adjudication (see Practice Note: Breach of natural justice in adjudication) the referring party is insolvent and/or there is a risk of dissipation of the awarded sum (see Practice Note: Adjudication—resisting enforcement using a stay of execution) fraud occurred during...

Assimilated law Assimilated law describes retained EU law that continues to apply after the close of 2023. For more detail, see Practice Note: Assimilated law. This Practice Note offers guidance on the rights of data subjects in the employment setting. It reflects the UK GDPR framework, and statutory references are to Assimilated Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), unless stated otherwise. It also accounts for provisions of the Data (Use and Access) Act 2025 (DUAA 2025) in force as at 5 February 2026 (see Practice Note: Data (Use and Access) Act 2025—employment implications). Updated guidance from the Information Commissioner’s Office (ICO) is awaited. For an overview of key themes in the Assimilated Regulation (EU) 2016/679, UK GDPR and DPA 2018, and for employment‑specific guidance, see: The UK GDPR and DPA 2018: key data protection issues for employment lawyers, and The UK GDPR and DPA 2018: lawful processing of personal...

Practice Note: Service of applications and documents in family proceedings outside the jurisdiction of England and Wales This Practice Note sets out guidance on serving applications for matrimonial or civil partnership orders, and other family proceedings documents, beyond England and Wales. It addresses service in Scotland or Northern Ireland, in states party to the Hague Service Convention, and in all remaining countries, for proceedings started on or after 6 April 2022. It outlines the deadlines for service and for acknowledging service of matrimonial and civil partnership applications, and also considers when a translation is required. For proceedings issued before 6 April 2022, see Practice Note: Service of documents in family proceedings outside the jurisdiction (pre-DDSA 2020). For provisions on serving court documents within the EU before implementation period (IP) completion day (11 pm on 31 December 2020), see: Service on a party in an EU Member State before IP completion day. The rules governing service of application forms/notices and other documents outside the jurisdiction of England and Wales, together...

[ NAME OF PROJECT ]: REFERENCE OF A DISPUTE TO THE DAAB UNDER CLAUSE 21.4 DAAB Reference No. DAAB Reference No. [ Number of reference ] | [ Date ] Referring Party [ Name of Party 1 ] [ Address ] [ Telephone/Fax No. ] [ Email address ] [ ON THE HEADED NOTEPAPER OF THE REFERRING PARTY ] Responding Party [ Name of Party 2 ] [ Address ] [ Telephone/Fax No. ] [ Email address ] The DAAB [ Name of DAAB Chairperson ] — [ Address ] — [ Telephone/Fax No. ] — [ Email address ] [ Name of DAAB Member 2 ] — [ Address ] — [ Telephone/Fax No. ] — [ Email address ] [ Name of DAAB Member 3 ] — [ Address ] — [ Telephone/Fax No. ] — [ Email address ] ...

In respect of the Housing Grants, Construction and Regeneration Act 1996, and in respect of an adjudication before [ Name of Adjudicator ] between [ Name of party 1 ], the Referring Party, and [ Name of party 2 ], the Responding Party Referral notice Introduction In accordance with the Notice of Adjudication dated [ date ], this document serves as the Referring Party’s Referral Notice. This Referral Notice is issued with a Bundle that contains a timeline of events alongside pertinent documents: 2.1 chronology of relevant events at tab [ insert ] 2.2 [ insert ] at tab [ insert ] 2.3 [ insert ] at tab [ insert ] The Parties 3 The Referring Party is [ Full Name of Party 1 ] ([ ‘Abbreviated Name of Party 1’ ]) of [ address ], and [ provides OR undertakes ] [ insert services/role Party 1 carries...

1 Introduction to the policy 1.1 [ Firm name ] must implement appropriate systems and controls to combat money laundering, terrorist financing and proliferation financing under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. 1.2 For further detail on MLR 2017, see section 10. 2 Scope and application 2.1 This policy sets out the procedures we have developed to comply with MLR 2017, as amended. 2.2 This policy applies to all [ our offices, ] employees, officers, consultants, contractors and to other workers, including agency workers, casual workers [ , volunteers ] [ , interns ] and home workers. 2.3 All staff must be familiar with this policy and comply with its terms. 2.4 This policy does not form part of any contract of employment and we may amend it at any time. 3 Responsibility for AML, CTF and counter-proliferation financing...

In responding to this Q&A, the following assumptions are made: the land is not a residential property the land is registered the period of possession occurred after October 2013 and the 'new rules' apply to it Definitions used for clarity: the owner is 'the registered proprietor' the third party is 'the squatter' For a squatter to pursue an adverse possession claim against the registered proprietor, the squatter must demonstrate, for the requisite period of ten years, that both of the following are satisfied: the claimant enjoyed uninterrupted factual possession of the land for that period ('factual possession'); and the claimant intended to possess the land throughout that period ('intention to possess') These elements must be established across the whole of that period. Factual Possession To establish factual possession, the squatter must have exercised a sufficient degree of exclusive physical control over the land. What amounts to...