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Adjudication: Will It Ever Be Flavour of the Month? - John Bennett and Will Graham, DWF LLP

12/01/17. Adjudication has been a fixture in professional negligence disputes relating to construction since its introduction as a mandatory element of the pre-action protocol in 1996. Quick decisions, given by experienced professionals, obtained at a relatively low cost, have provided insurers with cost-efficient resolution for a significant number of such claims.

A pilot adjudication scheme extended to cover claims against solicitors up to a value of £100,000 was launched in February 2015. There was not a large take-up by insurers or Claimant lawyers and a revised scheme, supported by the MoJ in the persons of Mrs Justice Carr and Mr Justice Ramsey, was relaunched in May 2016, but we understand that again there have been very few referrals.

Why has this method of Alternative Dispute Resolution, with obvious potential for costs savings, not found favour? Is the scheme flawed, or has it suffered from a lack of publicity?...

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