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Accelerated Membership Programme (statutory adjudication)
Overall aim
To provide an accelerated route to Membership for busy, legally qualified professionals who have some knowledge (unassessed) of the law of statutory adjudication.
Programme Units
This programme consists of a core assessment unit with an optional preliminary training course.
ADJUDICATION LAW ASSESSMENT
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Key objectives |
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Successful participants will have demonstrated an ability to: |
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Describe and explain the principles and specific legal requirements in a statutory adjudication, including: the range and limitations of matters that may legally be adjudicated; the significance, rights and responsibilities of the different performers in an adjudication; the peculiar contractual nature of an adjudication appointment; the range and limitations of an adjudicator’s powers and jurisdiction; the methods of initiating and processing an adjudication; the relevance of the Court regarding all stages in an adjudication; and the requirements of an enforceable adjudication decision.
Appreciate, apply and balance the principles and legal requirements set out in the syllabus below in the context of a statutory adjudication.
Show a confident ability to refer to, use and express legal procedural principles, rules and arguments relevant to the conduct of a statutory adjudication.
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Syllabus
This unit will discuss and assess participants’ knowledge of statutory adjudication, including:
Methods of dispute resolution
The nature & limitation of the process
Statutory basis of the process
Example: Construction UK
Adjudication procedures & Rules
Adjudicator selection and appointment
Jurisdiction and powers
Natural justice principles & practice
Making & Writing Decisions
Enforcement
Appeals
Ethics concepts & protocols
Adjudication in other jurisdictions
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Assessment
Assessment consists of three elements |
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1. |
An interactive 1–day assessment series of workshops, where situations will be presented to participants in groups for their consideration as to what legal principles apply in such circumstances. Participants are assessed in terms of their knowledge and ability to write answers to specific trial questions |
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Assessment of this element is on a pass or fail basis. |
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2. |
A written Coursework assignment to be submitted before the Course (20%).
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3. |
A 3-hour written open-book examination (80%) with questions on the above defined syllabus.
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The pass mark is 55% which must be achieved in both the 3-hour examination and in these two elements overall. |
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Typical timetable
This unit is typically given over a period of 1½ days.
The first day consists of workshops assessing knowledge of adjudication law, including writing answers to specific questions. This element of the Course includes a Coursework exercise.
The final morning is for the 3-hour examination on adjudication law. |
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Reference reading
The relevant adjudication code(s), Act(s) and other legislative provisions, major case decisions (where applicable) &c.
Workbook: The Law of Adjudication (or equivalent).
Participants are recommended to refer to the recognised standard basic commentaries and/or text book(s) in their respective jurisdiction where these are available.
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Programme entry qualifications
This Programme is for individuals who wish to satisfy the requirements for Membership of the Institute other than through the standard pathway.
Entry is open to participants with a law qualification recognised by the Institute and who wish to progress to Member grade in an accelerated manner.
Participants must evaluate the Programme themselves as to their personal suitability to undertake it.
The Programme covers the law of statutory adjudication. It is therefore valuable for anyone wishing to be conversant with the law governing the adjudicative process generally, whether as a party, advocate, witness, judge or potential adjudicator.
Before commencing this Programme, participants are expected to be registered with the Institute as Associate members.
PRELIMINARY TRAINING COURSE (optional)
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This unit is available immediately before the Assessment unit as a preparatory 2-day Course for those participants lacking formal education in adjudication law and wishing to further their knowledge of the Programme’s syllabus and the requirements of the core Adjudication Law Assessment unit.
Participants are typically tutored in group and plenary Workshops, using interactive question-and-answer sessions and trial example questions.
The topics are listed above in the syllabus for the assessment unit.
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