Monthly Archives: September 2013

UK Supreme Court

In Parliament Square in the UK, in front of the Supreme Court, there are two stone benches.  The one on the left (as you leave the hallowed halls of the court) has the following memorable words carved into the back:

Tides tumbled sand through seas long-lost to earth; sand hardened into stone – stone cut then brought to frame the letter of four nation’s laws & square the circle of a single court.

Here Justice sits and lifts her steady scales within the Abbey’s sight & Parliament’s, but independent of them both, and bound by truth of principle and argument.

Fine words.

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By |September 28th, 2013|Dispute Resolution|0 Comments

International Academy of Mediators Conference Paris

Privileged to attend the International Academy of Mediators conference in Paris this week. Beyond the pleasure of being back in Paris, the conference is fascinating.

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Is set-off available against a sum determined as payable by an adjudicator?

The difficult issue of set-off and the pay-now-argue-later regime of adjudication under the UK’s Housing Grants,  Construction and Regeneration Act 1996 has recently come under consideration in the Technology and Construction Court.  The discussion by Justice Akenhead is useful and relevant to the right to set-off under our own regime under the Construction Contracts Act 2002, and the importance of raising set-off and/or abatement (if there is a right under the contract) as part of the adjudication proceedings.

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