Tue 02 Feb 2021

Can I re-adjudicate a dispute?

It is a well-established principle that you cannot bring an adjudication against a party where “the same or substantially the same” dispute has already been adjudicated on.  This is supported by Paragraph 9(2) of the Scheme which states that an adjudicator lacks jurisdiction to decide on the same issue and is required to resign.

It does go without saying that the issue of what constitutes the same or substantially the same dispute can be open to interpretation.

The courts have confirmed that when considering whether something is the same or substantially the same consideration cannot be given solely to what had previously been referred to adjudication but that this needs to be compared to what was actually decided in the previous adjudication.

This potentially leaves open the for certain issues to be adjudicated on again, where the subsequent adjudication is referred in respect of those issues which were not decided in the original adjudication.

We hope you have enjoyed this adjudication blog series and it has answered some of the common queries which arise in respect of adjudication.  If you haven’t read our previous adjudication blog it can be found here

Watch this space over the coming weeks for a further Q&A series on Payment in the Construction industry.

Should you require any assistance with adjudication, we have a large and experienced construction team who regularly deal with adjudications and we would be happy to discuss the process with you. 


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