Posted: September 17th, 2017
Question of the course work
In Ferson Contractors Ltd v Levolux AT Ltd  EWCA Civ 11, the Court of Appeal stated that ‘the character of s.108 Housing Grants Construction and Regeneration Act 1996 was ‘draconian’ (‘harsh, severe, cruel’). The process is swift and an effective means of resolving disputes and, where the adjudicator is wrong, the matter can be corrected in subsequent arbitration or litigation. According to HHJ Coulson QC’s description in Harlow & Milner Ltd v Mrs Linda Teasdale  EWHC 1708 (TCC), this can lead to ‘clear but sometimes harsh consequences’.
Is this assessment of the introduction of adjudication still correct?
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