Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Adjudicator definition

What does Adjudicator mean? An adjudicator is the neutral decision-maker appointed to determine a dispute by adjudication, usually on a fast‑track, documents‑based basis. In construction disputes the role is created by statute (England & Wales: Housing Grants, Construction and Regeneration Act 1996; Scotland: Construction Contracts (Scotland) Act 1997; Northern Ireland: Construction Contracts (Northern Ireland) Order 1997; Ireland: Construction Contracts Act 2013), with procedural detail supplied by the contract or the relevant Scheme for Construction Contracts. parties appoint an adjudicator directly or through a nominating body (e.g. RICS, CIArb). The adjudicator must act impartially, observe natural justice, address jurisdictional objections, and deliver a reasoned...

Construction Adjudicators’ Terms and Conditions: Acceptance, Fees, Costs, Payment Liability, Resignation and Enforceability under the HGCRA 1996

Published by a LexisNexis Construction expert

Practice notes

Early stages of adjudication are extremely time-sensitive: an Adjudicator has to be named within seven days of the Referring party’s Notice of Adjudication, and the matter must likewise be sent to the adjudicator within that window. Moreover, construction agreements often require appointment via an application to an adjudicator nominating body (ANB), and that can only occur once the Notice of Adjudication has been issued. Consequently, the procedural steps for appointment have to be wrapped up briskly. In addition, where-as is usual-the chosen adjudicator insists the parties accept bespoke terms and conditions of appointment (T&Cs), there is little time for scrutiny. Even so, the adjudicator’s T&Cs should not be overlooked. It matters not only that parties grasp their exposure to the adjudicator’s Fees and expenses, but also that they know their rights and duties should the process deviate from the norm-for instance, if they intend to terminate the adjudicator’s appointment, or if a court subsequently holds the decision to be unenforceable. In light of the compressed timetable inherent in adjudication, any concerns that parties have about acceptance of T&Cs, liability for fees and Costs, or scenarios where appointments are ended or decisions are later found unenforceable under court scrutiny or review...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 27/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

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...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

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 ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

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 ]...