The Reply and further submissions in an adjudication

Produced in partnership with 4 Pump Court
Practice notes

The Reply and further submissions in an adjudication

Produced in partnership with 4 Pump Court

Practice notes
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This Practice Note considers:

  1. •

    the entitlement to submit further submissions in an adjudication beyond the Response (typically known as the Reply > Rejoinder > Surrejoinder etc)

  2. •

    the contents and form of such submissions, and practical considerations when drafting them

For information on other adjudication documents, see Practice Notes:

  1. •

    The Notice of Adjudication

  2. •

    Adjudication—the Referral Notice

  3. •

    Adjudication—the Response

Entitlement to make further submissions after the Response

There is no automatic right for a party to make submissions after the Response, and it is not a breach of natural justice for the adjudicator not to permit such submissions (Barry M Cosmetics v Merit Holdings, AMEC Group v Thames Water). See News Analysis: Natural justice does not require adjudicator to permit a Rejoinder (Barry M Cosmetics v Merit). Nor it is normally a breach of natural justice for an adjudicator to set a timetable that does not allow for a Rejoinder (Balfour Beatty v Modus Corovest).

Conversely, there are no rules in the Housing Grants, Construction

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Jurisdiction(s):
United Kingdom
Key definition:
Rejoinder definition
What does Rejoinder mean?

The second reply by a responding party in an adjudication, ie in response to the Reply by the referring party.

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