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Pre-action disclosure – CPR 31.16 – Expert determination process in contract – Documents available in such process – Prior pre-action protocol process – Documents not sought in that process – Likelihood or not of litigation disclosure stage ever being reached – Non-engagement in agreed ADR process – Discretion.
Adjudication claim bought by liquidator – Effects of set-off under the Insolvency (England and Wales) Rules 2016 (SI 2016 No 1024) on adjudicator's jurisdiction to determine dispute – Whether injunction should be granted to restrain further continuation of the adjudication – Right to refer disputes under section 108 of the Housing Grants, Construction and Regeneration Act 1996 by insolvent party.
Adjudication enforcement – The “correction principle” that interim payments can be corrected in the next payment cycle – Effect of subsequent payment cycles on no pay less notice adjudication decision.
Adjudication – Enforcement adjudicator's decision – CPR Part 8 – Hutton exceptions – Interrelationship between adjudication enforcement and consideration of legal issues under Part 8.
Claim form – Service within jurisdiction – Methods of service – Service by email – Service on solicitors – Consent orders extending time for service – Whether claim form effectively served during temporal validity – Application for extension of time for service of the claim form.
Application to adjourn hearing date – Principles to be applied when delay caused by difficulties resulting from Covid-19 outbreak – Whether remote hearing appropriate.