Q&As

An adjudicator has the power to ‘take the initiative in ascertaining the facts and the law’. What does this mean, and are there any limits on the power?

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Published by a ÑÇÖÞÉ«ÇéÍø Construction expert
Published on: 25 November 2021
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In terms of section 108(2)(f) of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), parties to construction contracts must provide for the Adjudicator to have the power to take the initiative in ascertaining the facts and the law. If they do not, the parties’ Adjudication Rules are replaced with those in the Scheme for Construction Contracts (the Scheme), which does include this provision.

The power to take the initiative gives the adjudicator the discretion to take a ‘proactive’ approach. This is different from the position of a judge, whose role is generally one of a ‘referee’. In Macob v Morrison the court explained that the adjudicator could, on the basis of this power, ‘conduct an entirely inquisitorial process, or…invite representations from the parties’. It said that Parliament, in drafting HGCRA 1996, envisioned that adjudications would not need to be conducted in the same way as traditional forms of dispute resolution.

However,

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Jurisdiction(s):
United Kingdom
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Key definition:
Adjudicator definition
What does Adjudicator mean?

The individual appointed to oversee an adjudication dispute between two parties.

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