International Construction Law Review
CORRESPONDENT’S REPORT ENGLAND AND WALES
MARTIN BRIDGEWATER AND JENNIFER ARNOLD
Norton Rose, London
INTRODUCTION
The year 2000 saw the coming into force of the Human Rights Act 1998 which incorporates the European Convention on Human Rights into the law of the United Kingdom. Although one might think that this should have no effect upon construction law, this is not the case, and its implications for adjudication under the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”) are considered in this article.
The year 2000 also saw a reform of the law of England and Wales regarding privity of contract. The Contracts (Rights of Third Parties) Act 1999 has made it possible for third parties to have enforceable rights under a contract, even though they are not contracting parties. Another development in the area of third party rights is the potentially landmark judgment from the House of Lords in Alfred McAlpine Construction Ltd
v. Panatown Ltd
(which was the subject of a full article by Mr IN Duncan Wallace QC in [2000] ICLR.1
Both of these developments are discussed below.
Finally, there have been some interesting cases relating to adjudication under the Construction Act and to tripartite arbitration clauses, which are also discussed below.
LEGISLATION
The Human Rights Act 1998 (the “Human Rights Act”)
The Human Rights Act came into force in the United Kingdom on 2 October 2000. This may have a profound effect on adjudication, which the Construction Act has made a compulsory method of dispute resolution in most construction contracts in England and Wales. The most important section of the Human Rights Act so far as adjudication is concerned is section 6, which guarantees the right to a fair trial. Section 6 states:
In the determination of his civil rights and obligations…everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
Pt. 2]
Country Update—England and Wales
293