When statutes collide: potential recovery of own party adjudication costs

Abstract

Purpose

This paper aims to examine the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013. The investigation directly applies to England and Wales, but may be relevant to other jurisdictions.

Design/methodology/approach

The interaction between The Late Payment of Commercial Debts Regulations 2013 (derived from European Directive 2011/7/EU on combating late payment in commercial transactions) and the Local Democracy et al. 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with experienced construction industry adjudication professionals.

Findings

It was discovered that adjudicators are awarding own party costs under the Regulations, but there was disagreement on the issues in both the literature and amongst the interviewees.

Research limitations/implications

A definitive judgment is awaited from the Technology and Construction Court.

Originality/value

This paper will be of value to construction industry adjudication professionals.

Citation

Hetherton, T. and Charlson , J. (2015), "When statutes collide: potential recovery of own party adjudication costs", International Journal of Law in the Built Environment, Vol. 7 No. 3, pp. 214-230. https://doi.org/10.1108/IJLBE-12-2014-0036