The judgment in 'Enviroflow Management v Redhill Works (Nottingham)' confirmed that the Construction Act trumps the late payment legislation and brought an end to parties seeking to recover their costs within adjudication proceedings. Given the recent introduction of low cost procedures to encourage smaller disputes to be referred to adjudication, is it time for a rethink on the costs issue? In this talk, Tony Clough considered the pros and cons of the Enviroflow decision and asks whether we should allow adjudicators to award parties their costs.
The presentation may be viewed in the video below and in the attached file. You need to be logged in as a member to see these.