Guidelines on Decision Writing

1. Guidelines onDecision Writing Ashley Pigott Wragge Lawrence Graham & Co

2. Decision / Reasons Court guidance How to decide Evidence Law Pitfalls Cut and paste Drawing inferences Frolic of your own

3. Decision / Reasons “an Adjudicator’s Decision consists of the actual award (i.e. that A is to pay £x to B) and any other finding in relation to the rights of the parties” Hyder v. Carillion

4. Decisions – Court Guidance Answer the question Primus v. Pompey Shimizu v. LBJ Fabrications

5. Decisions – Court Guidance Take into account everything that is referred Quartzelec v. Honeywell

6. Decisions – Court Guidance Pilon –v- Breyer Answer the question Do not fail to address question referred Not inadvertent failure

7. Decisions – Court Guidance Ignoring pleadings CJP Builders v. William Verry Late pleadings GPS Marine v. Ringway Amec v. Thames Water

8. Reasons – Court Guidance “Sufficient to show that the Adjudicator has dealt with the issues … and what his conclusions are on those issues” Jackson J Carillion v. Devonport

9. Reasons – Court Guidance Intelligible Can be right or wrong Sufficient to “establish route by which Decision is reached” Simply expressed Style immaterial

10. Reasons – Unintelligible Vision Homes v Lancsville “dumping the JCT” Balfour Beatty v Modus Rok v Celtic Composting

11. Reasons – Unintelligible? “The Subcontractor was not in culpable delay by 23rd February 2012. It was in culpable delay by that date”

12. Guidelines - Summary Proof read Consider every argument Direct time for payment Style

13. Reaching a Decision Burden of Proof

14. Reaching a Decision Assessing witnesses Examples from the TCC Assessing Experts Jack of all trades? Hired gun? Willingness to concede Getting basics right

15. Reaching a Decision Legal submissions Text books? Court? Obiter? Statute?

16. Reaching a Decision Dangers Cut and paste Crinion v. IG Markets Frolic of your own Balfour Beatty v. Lambeth Hyder v. Carillion Humes Building v. Charlotte Homes

17. Reaching a Decision Drawing inferences Balfour Beatty v. Shepherd

18. Decision Guidance Set out the general scene Identify the dispute Set out parties contentions Findings of fact Set out conclusions and reasons