Podcast Location:
Download it here [file size: 24.2 MB]
Categories:
Procurement & Outsourcing
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two part podcast aims to analyse the key issues surrounding Part 8 claims in relation to adjudication and recent key cases that pertain to the law concerning construction adjudication

Outcomes:
After completing the course you will:
  • Understand what Part 8 of the CPR contains;
  • Appreciate that Part 8 does not provide for statements of case, disclosure or CMCs;
  • Know what happens if a construction dispute concerns issues of fact;
  • Understand what the court ruled in Forest Heath District Council;
  • Understand in what circumstances a Part 8 Claim might arise;
  • Understand what happened in the case of North Midland Construction;
  • Know when a Part 8 Claim can be made;
  • Understand when it would be best to make a claim;
  • Appreciate claims alleging a breach of natural justice;
  • Understand the circumstance where a claim is made that seeks a final decision from the court;
  • Know what happened in the cases of Alstom Signalling v Jarvis Facilities and Geoffrey Osborne v Atkins Rail;
  • Understand the contents of section 8 of the TCC Guide.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • Forest Heath District Council v ISG Jackson [2010] EWHC 322 (TCC);
  • Yuanda (UK) v WW Gear Construction [2010] EWHC 720 (TCC);
  • Banner Holdings v Colchester Borough Councils [2010] EWHC 139 (TCC);
  • North Midland Construction v A E & E Lentjes [2009] EWHC 1371 (TCC);
  • ABB Zantingh v Zedal Building Services [2001] BLR 66;
  • Dalkia v Bell Group [2009] EWHC 73 (TCC);
  • Rok Building v Bestwood Carpentry [2010] EWHC 1409 (TCC);
  • Vitpol Building Service v Samen [2008] EWHC 2283 (TCC);
  • Enterprise Managed Services v Tony McFadden Utilities [2009] EWHC 3222 (TCC);
  • Dorchester Hotel v Vivid Interiors [2009] EWHC 70 (TCC);
  • Alstom Signalling v Jarvis Facilities [2004] EWHC 1285 (TCC);
  • Geoffrey Osborne v Atkins Rail [2009] EWHC 2425;
  • Steel v Cubitt [2007] EWHC 1584 (TCC).

In this two part CPDcast, Stephen Walker of Atkin Chambers examines Part 8 Claims and other adjudication cases. In part one, he considers the circumstances in which Part 8 claims are used in the context of adjudication, including cases where such a claim may enable a party to escape the enforcement of an adverse decision. In part two, he addresses other significant cases decided during 2010 relating to the law concerning construction adjudication.

Podcast last reviewed: 2012-03-22

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