Report comment

The adjudication scheme is no more than an attempt by the claimant ginger group, the PNLA, to preserve their business model in the post-LASPO world. Only spineless insurers who ignore the merits and whose principal goal in life is close as many files as quickly as possible will be interested in the scheme. Those whose approach to claims is merits-focused and who do their best to protect their insureds' claims records will not want to touch it with a barge pole.
In any event, the comparison with the statutory adjudication scheme in construction dispute is entirely inapt. That scheme was introduced in order to provide a means by which disputes during constructions disputes could be dealt with quickly so that the overall project would not delayed (or even derailed) and relationships between participants in the construction project could be maintained. Further, the scheme provides a route by which a put-upon subbie can enforce its rights to payment against a head contractor and avoid the risk of collapse.
Both of these factors are infrequently in play in non-construction professional negligence, certainly in lawyers' claims.