Kingstone Civil Engineering Limited and Lane End Developments - Melissa Shipley
Do you sometimes struggle to keep up with the flurry of adjudication decisions coming out of the TCC? Adjudicast is here to help. In this weekly podcast, barristers specialising in construction law at 39 Essex Chambers will bring you the latest developments in adjudication. The focus is on new case law, giving you a brief summary of an important recent decision. The episodes are short enough to be listened to during a coffee break, short commute or in the car. Disclaimer: Each episode of AdjudiCast is based on the law of England and Wales at the time the episode as recorded. The episodes do not constitute legal advice. Detailed professional advice should be obtained on how the cases and issues discussed in AdjudiCast apply to the facts of any particular case.
In this episode, Melissa Shipley discusses the TCC's recent judgment in Lane End Developments Construction Ltd v Kingstone Civil Engineering Ltd  EWHC 2338 (also Kingstone Civil Engineering v Lane End Developments). The case considered: whether the adjudicator had jurisdiction where Kingstone had submitted its request for the appointment of an adjudicator before it served its notice of adjudication; whether there had been waiver by election; and whether the adjudicator had validly resigned.