Enclosure 1. CONSTRUCTION LAW
3 cases · October 2025 to November 2025
Key Issues & Sub-Topics
Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Adjudication decision — Application to set aside — Section 15(b) CIPAA — Alleged denial of natural justice — Scope of court’s supervisory jurisdiction — Distinction between procedural fairness and merits review — Failure to consider submissions — Presumption that adjudicator considered all materials — Materiality of alleged breach — Whether adjudicator required to address every argument or evidence — Whether alleged errors of fact, law or contractual interpretation are grounds for setting aside – 1 Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Adjudication decision — Application to set aside — Section 15(b) & (d) CIPAA –Excess of jurisdiction — Alleged non-compliance with s.5(2)(a) (due date for payment) –Whether incorrect or miscalculated due date renders payment claim invalid — Whether failure to raise jurisdictional objection during adjudication precludes reliance at setting-aside stage –Distinction between absence of due date and minor miscalculation — “Pay now, argue later” principle — Technical objections — Whether adjudication decision a nullity – 1 Construction Industry Payment and Adjudication Act 2012 (CIPAA) — Adjudication decision — Application to set aside — Section 15(b) & (d) CIPAA — Excess of jurisdiction — Alleged non-compliance with s.5(2)(a) (due date for payment) –Whether incorrect or miscalculated due date renders payment claim invalid –Whether failure to raise jurisdictional objection during adjudication precludes reliance at setting-aside stage –Distinction between absence of due date and minor miscalculation — “Pay now, argue later” principle — Technical objections — Whether adjudication decision a nullity – 1