By Darryl Royce. Published by Informa Law from Routledge, January 2022. Pages: 692. ISBN 9780367556396. Price: Hardback £345, ebook £258.75.

Much has been written about construction adjudication both in relation to how and why it first emerged in the UK and the extensive case law it has spawned over almost 25 years. This book covers not only adjudication in the UK but elsewhere, although its focus is predominantly UK.

The introduction of statutory adjudication in the UK led the way and is more extensive in its application than any of the jurisdictions which have followed on. It is easy to forget how this process has developed sometimes unexpectedly over this period. Mr Royce’s book follows these developments as well as providing hands on advice and guidance to those embarking on adjudication in the UK.

He is to be commended for closely linking the discussion on adjudication in the UK with the introduction in the same legislation – the Housing Grants, Construction and Regeneration Act 1996 and later the Local Democracy, Economic Development and Construction Act 2009 – of an extensive set of mandatory payment terms including significant limitations on a paying party’s rights at common law to withhold or set-off sums otherwise due.

UK statutory adjudication would not have been successful without these mandatory payment terms and limitation of rights of set-off. A party will not benefit from a fast-track form of dispute resolution if the result cannot be implemented because the paying party retains wide rights to withhold. As such, any discussion of adjudication without describing fully the payment provisions that accompanied its introduction, is lacking. Mr Royce deals with both.

An analysis of the content of the book shows that it divides into five parts. The first, which is around 50 per cent of the book, is devoted to beginning an adjudication; appointment and referral; and procedure leading to decision and enforcement – all in the UK. The enforcement section is extensive and covers the narrow types of defence available in enforcement proceedings. It also looks at the extremely limited rights of set-off against any adjudicator’s decision. It is accompanied by some forms in an Appendix to the Book for those embarking on or defending an adjudication; directions for adjudicators and/or forms for enforcing an adjudicator’s decision.

The style adjudication “pleadings” and adjudicator’s directions are more limited in content than those generally used. There is no mention in these “pleading” forms, of either party asking the adjudicator to give reasons for its decision. These must be asked for in a statutory adjudication and this is usually done by a sentence in each party’s first “pleading”. The form of adjudicator’s directions provided does not exclude unilateral contact