Payment Notices - Have the Courts got it wrong?

Date: Wednesday, 30 Apr 2025, 19:00 - 20:00 Location: Maidenhead Golf Club, Shoppenhangers Road, Maidenhead, Berkshire, SL6 2PZ- and Online Member cost: £0 (including VAT) Non-member cost: £0 (including VAT)

James Richardson BSc MRICS DipAdj GDL MSc FCIArb

In 1996, the Housing Grants, Construction and Regeneration Act introduced statutory adjudication. The next year, the House of Lords gave its seminal judgment in Mannai v Eagle Star. 28 years later, this case remains the leading authority on the interpretation of contractual notices.

Although the courts initially applied the principles from Mannai, ‘Smash and Grab’ adjudications were a catalyst for judicial innovation and the creation of novel tests for interpreting Applications for Payment and Payment Notices, including:-

• Applying a different standard to Payer and Payee given notices
• The requirements of ‘Substance, Intent and Form’
• The ‘Agenda for Adjudication’ test

James will look at the background to Mannai and the principles applied by the House of Lords before considering the origin of the new tests, how they are applied and whether they are compatible with the House of Lords’ authority.

James Richardson is a quantity surveyor, party representative, expert witness and adjudicator. He regularly acts for employers, contractors and sub-contractors in adjudications concerning payment of a notified sum, the true value of works completed and final accounts.

NB1: The branch AGM (open to branch members) will be held at 6.30pm and will last about 20 mins. The talk will commence at 7.00pm

NB2: If you wish to view online, the booking-in system is the same as those registering to attend in person.