Dispute Resolution

Question 1

Which senior judge led the reform of the civil justice system in the late 1990’s?

Answer 1

Lord Woolf

Question 2

Name three forms of alternative dispute resolution

Answer 2

Conciliation
Mediation
Adjudication

Question 3

The Housing Grants, Construction and Regeneration Act 1996 only applies to…

Answer 3

Construction contracts whether or not they are in writing

Question 4

What does the Housing Grants, Construction & Regeneration Act 1996 imply into construction contracts?

Answer 4

A right to defer disputes into adjudication

Question 5

How did the Latham Report (1994) describe the construction industry’s approach towards dispute resolution?

Answer 5

Ineffective
Adversarial
Fragmented

Question 6

Which dispute resolution technique tends to be the quickest?

Answer 6

Adjudication

Question 7

What are the features of the ‘overriding objective’ of the civil court system to deal with disputes justly?

Answer 7

Ensure the parties are on an equal footing
Minimise expenditure
Deal with cases expeditiously and fairly

Question 8

Where are construction disputes often heard?

Answer 8

Technology and Construction Court (TCC)

Question 9

What was the only recommendation of the Latham Report (1994) which was adopted into law?

Answer 9

Compulsory recourse to adjudication

Question 10

What was the official title of the Latham Report (1994)?

Answer 10

Constructing the Team

Question 11

What three forms of dispute settlement embody contract agreements within the parties?

Answer 11

Adjudication
Mediation
Conciliation

Question 12

What is the name of the set of standard contract terms imposed by the Housing Grants, Construction & Regeneration Act 1996 into construction contracts if they have not made adequate provision to meet the requirements of the Act themselves?

Answer 12

The Scheme for Construction Contracts

Question 13

Under the statutory scheme, how quickly must an adjudicator reach a decision, following receipt of the referring party’s Referral Notice?

Answer 13

28 Days

Question 14

In relation to the civil litigation system as reformed in 1998 following the Woolf Report, what does ‘CPR’ stand for?

Answer 14

Civil Procedure Rules

Question 15

Name three requirements of the MoJ’s Pre-Action Protocol for Construction and Engineering Disputes?

Answer 15

That the claimant must send the defendant a comprehensive Letter of Claim setting out full details of the claimant’s allegations before bringing formal legal proceedings

That the defendant must supply a comprehensive response to the claimaint’s allegations before bringing formal legal proceedings

That the parties should consider whether ADR might be more appropriate than litigation

Question 16

What is the TCC intended for

Answer 16

Building, construction and engineering disputes
Claims relating to complex computer and communications contract disputes
Claims relating to fires, pollution and neighbour disputes

Question 17

Name three characteristics of the TCC and it’s approach to disputes

Answer 17

Heavy reliance on computerisation of evidence
More collaborative approach (parties have a more active role in wording)
Specialist judges

Question 18

Name three parts of an Expert Witnesses’ duties

Answer 18

Parties can only call expert witness evidence with court permission

The courts will require the parties’ experts to meet before trial to attempt to narrow down the range of issues in dispute

Experts owe duties to the court to present their expert opinions in an unbiased manner

Question 19

Which Act of Parliament regulates arbitration proceedings?

Answer 19

Arbitration Act 1996

Question 20

What are some characteristics of arbitration?

Answer 20

Arbitration gives the parties more freedom than litigation on how the proceedings will be organised.

There are only limited rights of appeal to the civil courts about an arbitrator’s ruling.

Unlike most court proceedings, arbitration hearings are held in private. There are no public rights of access to arbitration hearings.