CLC Consultation Adjudication Panel Rules 2015 Analysis of Responses

30 June, 2015

Between May 2015 and June 2015 we consulted on proposed amendments to the Adjudication Panel Rules. The CLC received 2 completed responses. This document sets out the findings of that consultation exercise.  Whilst the response rate is disappointing, it does, perhaps, reflect the fact that the amendments proposed are not seen as particularly controversial:

The amendments proposed can be summarised as follows:

1. The Chair of the Adjudication Panel does not need to be legally qualified.  One respondent agreed the proposal, and the other disagreed stating “it is important that the chair has knowledge of the law and can direct accordingly”.  The CLC agrees.  However, it differs from the Respondent in taking the view that a suitably experienced lay person will be able properly and fairly to discharge the functions and responsibilities of Chair.  The Panel may appoint a Legal Adviser if it considers the issues raised in a matter justify the Panel obtaining its own legal advice.  Both the request for specific advice and any advice given must made or given in the presence of the parties.  Whether the Chair appointed is or is not legally qualified will be one of the factors a matter for the CLC to determine when it reviews the applications for Chair.
2. Removal of the requirement that the Panel should have a bare lay majority (ie the number of lay members exceeds the number of licensed conveyancer members by one).  The CLC wishes to appoint those who are most appropriately qualified and experienced to sit as chair and members of the Panel without being narrowly constrained by quorum issues.  The requirement remains for a licensed conveyancer member (now referred to as a CLC Lawyer Member) to be included as a member of any hearing of the three person Panel.

The remainder of the amendments made to the Adjudication Panel Rules reflect amendments to the Administration of Justice Act 1985 and the Courts and Legal Services Act 1990 introduced by the ss.86-89 and schedules 19 and 20 Deregulation Act 2015.