What does Referring party mean? The party that starts an adjudication by serving a notice of adjudication—effectively, the claimant. In construction adjudication, the referring party frames the dispute to be decided, applies to or selects an adjudicator or adjudicator nominating body if none is agreed, and must serve the referral (referral notice) with supporting evidence within the prescribed timetable. The other side is the responding party. Across England & Wales and Scotland under the Housing Grants, Construction and Regeneration Act 1996 (as amended) and the applicable Scheme for Construction Contracts, and in Northern Ireland under the Construction Contracts (Northern Ireland) Order 1997 and its Scheme, “referring...
Read More
Prepared in association with 4 Pump Court. This Practice Note confirms that a Referring party may halt an adjudication already underway, provided the Adjudicator has not yet issued their decision. It examines the cost implications of doing so, and considers whether a party that has brought an adjudication to an end can later begin a second one concerning the same dispute. For guidance where an adjudicator resigns (for example, because they consider they lack jurisdiction), see Practice Note: Resignation by the adjudicator...
In litigation, a claimant who has started a claim needs either the other party’s agreement or a court order to withdraw or abandon it. This is because withdrawal or Abandonment (commonly called discontinuance) will generally be accompanied by an order requiring the claimant to pay the defendant’s costs of the proceedings. In adjudication, however, the position differs because there is no general right to recover costs (see below and Practice Note: Entitlement to legal costs of an adjudication), nor any other statutory basis for costs where an adjudication is abandoned...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...