In the UK, adjudication remains one of the quickest and most cost effective methods of resolving construction disputes. As most people adjust to the “new normal” of working from home, an away from the usual office environment, adjudication may not be at the top of everyone’s agenda. That is somewhat ironic given that the current COVID-19 situation is fast becoming a potential breeding ground for construction disputes. Projects are in delay, labour and materials supply may be an issue and cashflow may become and inevitable effect of the lockdown.
The courts have shown a resolve to carry on with court business where there are live proceedings. There was however some uncertainty as to what approach the TCC would take in relation to adjudications during the period of lockdown, particularly given the fast and furious nature of the process. Would breach of natural justice arguments hold strong in adjudications pursued during this restrictive period of lockdown? What would be the position where some relevant participants are self-isolating? Can the adjudication process be conducted fairly, and with proper regard to the rules of natural justice? Continue reading Adjudication during the COVID-19 lockdown – breach of natural justice?