Extension of Time Assessments: Adjudicators Must “Stand in the Shoes” of the Employer’s Agent
Mace Construct Ltd v Baltic Investment Holdings Ltd [2026] EWHC 976 (TCC) A significant recent decision of the Technology and Construction Court has considered whether an adjudicator may open up, review and reduce an extension of time granted during the course of the works under a JCT contract. In Mace Construct Ltd v Baltic Investment […]
When Is a Final Statement Really Final?
Oakland Wantage Care Home Ltd v Stepnell Ltd [2026] EWHC 1530 (TCC) One of the recurring themes I encounter, whether acting as a quantum expert witness, party representative in adjudication, or advising on final account disputes, is the assumption that simply calling a document a “Final Statement” is enough to engage the contractual machinery under […]
RICS Launches the Fifth Edition of Surveyors Acting as Expert Witnesses: What Has Changed and Why It Matters
RICS has published the fifth edition of its professional standard, Surveyors acting as expert witnesses, accompanied by a separate practice guidance document, Additional guidance for surveyors acting as expert witnesses. The new edition represents the first major revision of the standard since the fourth edition was published in 2014. It has been developed to reflect […]
Expert Witness Insights – Part 3 An Expert’s Duty Is to Investigate, Not Simply to Accept
Following my previous articles examining transparency and independence, I wanted to turn to another principle which, in my view, lies at the very heart of expert evidence. Whilst the duties of independence and objectivity are well understood, they can only be fulfilled if the expert is prepared to investigate the evidence properly rather than simply […]
Expert Witness Insights – Part 2 Expert Witnesses: Independence Is Not Declared – It Is Demonstrated
Few principles underpin the administration of justice more fundamentally than the independence of the Expert Witness. It is a concept that permeates the Civil Procedure Rules, the Civil Justice Council Guidance for the Instruction of Experts in Civil Claims and the RICS Practice Statement and Guidance Note Surveyors Acting as Expert Witnesses. Perhaps most famously, […]
Expert Witnesses, Assistants and Transparency: Why Disclosure Matters
As a Chartered Quantity Surveyor and Expert Witness specialising in quantum disputes and professional negligence claims involving Quantity Surveyors, Contract Administrators and Employer’s Agents, I frequently encounter issues concerning the standard of professional services provided within the construction industry. My work regularly involves disputes arising from cost management, procurement, contract administration, valuation, certification, financial reporting […]
Has the TCC Moved Beyond the Traditional “Frolic of His/Her Own” Cases?
The recent decision in Premier Modular Ltd v Maidstone and Tunbridge Wells NHS Trust has generated considerable discussion amongst adjudication practitioners, particularly those interested in the boundaries of natural justice and the extent to which an adjudicator may rely upon their own reasoning. Much has already been written about the specific facts of the case […]
Adjudicators Must Not Invent a Party’s Case: TCC Refuses Enforcement in Premier Modular Ltd v Maidstone and Tunbridge Wells NHS Trust [2026] EWHC 1404
The Technology and Construction Court has delivered an important reminder of the limits of an adjudicator’s powers in Premier Modular Ltd v Maidstone and Tunbridge Wells NHS Trust [2026] EWHC 1404 (TCC). While the courts remain strongly supportive of adjudication and generally enforce decisions even where errors of fact or law may have occurred, this […]
From Birmingham Hotel Rooms to CMC Fellowship: Reflections on a Mediation Journey
Today, I am delighted and humbled to share that I have been accepted as a Fellow of the Civil Mediation Council (FCMC). Receiving the news has prompted me to reflect on a journey that began in 2011 and on the many people who have helped shape it along the way. In 2011, I undertook my […]