Public Law and Statutory Adjudication

Under the UK system of statutory adjudication in relation to construction, it is essential, in order to attain the aims of the legislation, that scope for challenging adjudicators' decision should be limited. In his prize winning paper, Julian Bailey considers the accepted grounds of challenge to an adjudicator's decision, in order to resist enforcement proceedings in court. He argues that adjudicators should be seen as exercising power derived from statute and thus are subject to public law; and discusses the implications of this approach. Under the UK system of statutory adjudication in relation to construction, it is essential, in order to attain the aims of the legislation, that scope for challenging adjudicators' decision should be limited.In his prize winning paper, Julian Bailey considers the accepted grounds of challenge to an adjudicator's decision, in order to resist enforcement proceedings in court.He argues that adjudicators should be seen as exercising power derived from statute and thus are subject to public law; and discusses the implications of this approach. Introduction - Does public law apply to adjudication under the HGCA? - Judicial consideration of public law and adjudication - If public law applies to adjudication - Conclusions. The author:Julian Bailey is a solicitor with CMS Cameron McKenna LLP in London. Text 22 pages..