Expert Witness Journal Issue 68 August 2026 - Flipbook - Page 112
were very di昀昀erent. However, the decisions perhaps
serve to challenge the perception of what type of
issues are suitable for Part 8 determination. In UU,
the matter concerned the validity of a payment notice.
This has been a productive area for those seeking
to resist enforcement. However, on the facts in UU,
there were factual issues that resulted in HHJ Kelly’s
Judgment that the matter was not suitable or Part 8.
In contrast, the issue in Kingsmead was unusual in
the context of historic Part 8 claims. Nevertheless,
the Court concluded that the issue satis昀椀ed the test
in the TCC Guide leading to Kingsmead’s success on
its Part 8 Claim.
based on their actual contemporaneous knowledge.
The assessment of the ’reasonable recipient’ test
required oral evidence and elaboration that was
not capable of being determined during the limited
time available for a Part 8 hearing.
The decision
In giving Judgment in favour of UU, HHJ Kelly held
that:
1.
the Part 8 claim was inappropriate; Farrans
arguments were not short points of contractual
construction and required factual investigation
and an understanding of how CEMAR operated
in practice.
2.
the adjudicator acted within jurisdiction and
applied the ‘pay now argue later principle’.
3.
the validity of the payment notice was
contingent on the ‘reasonable recipient’ test
where contractual background, commercial
context and how parties operate the regime in
practice were requisites to be assessed.
For further insight onto the rise of Part 8 claims in
Construction, read our Challenging Adjudication:
Part 8 Claims Rise article. If you’d like to learn
more about how we can support your construction
business 昀椀nd out more about our Construction and
Engineering expertise, or contact us today.
This article was co-authored by Paralegals, Maya
Pierre-Louis and Gabriel Foster.
Based on the above rulings, the adjudicator’s award
was enforced, and the noti昀椀ed sum was payable.
Commentary on Part 8 claims
In both the UU case and the Kingsmead case, the
Court applied the criteria of 9.4.5 but the outcomes
Mr John Hinchliffe
Chartered Quantity Surveyor
MSc, FRICS, FCIArb
John Hinchliffe is a Chartered Quantity Surveyor, Project Manager and Capital
Programme Manager. He is Director of WT Partnership UK and Europe and WT
Partnership Guernsey, a major international project management and cost
management consultancy.
He has over 40 years’ experience as a quantity surveyor, over 30 years’ experience as a
project manager and over 10 years’ experience as an expert witness in both the private
and public sectors. John is experienced in cost management, project management,
contract management, change management, design management, risk analysis, contract
claims, arbitration, and adjudication. John has acted as an expert witness on quantum
and professional negligence disputes and has experience of being cross-examination in
the High Court. He is also a CEDR accredited mediator.
EXPERT CONSULTANCY
The Expert Consultancy Section of the Hurd Rolland Partnership provides a
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John has over 30 years in the private sector as quantity surveyor and project manager
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has over 15 years’ experience working in Central Government as a quantity surveyor,
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The Hurd Rolland Partnership also provides Architectural, Masterplanning and
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Initial Contact: Ken Williamson
Tel: +44 (0) 203 936 4211 (Croydon) +44 (0)1481 723 163 (Guernsey)
Mobile: +44 (0) 7973 195904
Email: john.hinchliffe@wtpartnership.com - Website: www.wtpartnership.com
Area of Work: Nationwide and Worldwide
WT UK and Europe, AMP House, Dingwall Road, Croydon, CR20 2LX
WT Partnership Guernsey, St George’s Place, St. Georges Esplanade
St. Peter Port, Guernsey, GY1 2BH
Tel: 01592 873535
kennethwilliamson@hurdrolland.co.uk
12 Abbey Park Place, Dunfermline, Fife, KY12 7PD
EXPERT WITNESS JOURNAL
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