Crystallisation of disputes — is silence really golden?
It might sound obvious, but if you are a party to a construction dispute and you are considering commencing an adjudication, one of the key considerations is to ensure that a dispute does actually exist. We lawyers refer to this as a dispute having ‘crystallised’. If a dispute does not exist (i.e. it has not ‘crystallised’), the adjudicator may not have jurisdiction to make a decision.
So what does this mean in practical terms? Well, it means that you need to plan how you will create the dispute. Part of this process will be to ensure that all of the issues involved have been put to your opponent.
Over the years, the courts have dealt with numerous cases where the issue was whether or not the dispute between the parties had crystallised. In a recent case, this issue reared its head once again…
Click on the link below to read the rest of the Gateley briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Briefings from Gateley Plc
With effect from 1 October 2015, the right to take a short service refund from a defined contribution occupational scheme will be abolished.
Being sued is bad, but it’s worse if you are running up substantial costs in defending a claim while in fear that the claimant may not have the means to compensate you if you win.
Analysis from The Lawyer
Gateley bigshots see personal wealth soar on flotation, but face penalties for early exit .
Gateley is to float on the London Stock Exchange, becoming the first UK firm to list itself as a public limited company. But why would a firm would look to float, and what it could mean for the industry?