Adjudication in Professional Negligence Claims is a new form of Alternative Dispute Resolution (“ADR”) which parties can use as an alternative to litigation or arbitration or other forms of ADR as a way of resolving their disputes. It has come into being via the Adjudication Scheme for Professional Negligence Claims (“the Scheme”) which includes a default set of Rules (“the Rules”).
Adjudication is defined by the Professional Negligence Pre-Action Protocol (“the Protocol”) as:
“…a process by which an independent adjudicator provides the parties with a decision that can resolve the dispute either permanently or on a temporary basis, pending subsequent court determination”.
The objective is to provide a cheap and swift means by which parties can agree to their disputes being decided by an agreed or nominated Adjudicator, whilst either leaving themselves the opportunity to go to court or arbitrate if the decision is unfavourable, or binding themselves to accept the decision as final.
Hailsham Chambers has been a supporter of the Scheme both in its Pilot phase and following the May 2018 amendment to the Protocol which obliges claimants to say whether they wish to adjudicate in their Letter of Claim and obliges all parties to have regard to the desirability of using different forms of ADR including Adjudication.
Members have been involved in setting up arrangements for the administration of the Professional Negligence Bar Association Scheme which has succeeded the Pilot Scheme, have contributed to the debate about disclosure of interests, and have written and lectured on the subject, as well as conducting Adjudications (including during the Pilot phase). Hailsham has also undertaken training so as to be ready to deal with Adjudications under the new Scheme.
Hailsham is therefore well placed to assist with any Adjudication both in an advisory and representative capacity, and also by offering a number of individuals who accept appointment as Adjudicators.
See the links below for the Scheme and the Rules, the May 2018 Protocol, and a list of members of chambers who accept appointment as Adjudicators:
Please also note that it is possible under the Rules for the parties to agree the identity of an Adjudicator themselves, as an alternative to asking the Chairman of the PNBA to nominate an Adjudicator.
Please contact our Senior Clerk, Stephen Smith for further details of our expertise and availability in this area.