Rob Behrens, Parliamentary and Health Service Ombudsman, talks about the organisation’s role in the wider redress system and how their work complements the work of litigators.
It is relatively rare for frustration to be called upon as a solution for contractual non-performance in English law and the doctrine has historically only developed during times of social and economic change.
Liquidators of insolvent contractors in construction disputes have hitherto been reluctant to refer the dispute to an adjudicator for fear of being injuncted on the grounds of jurisdiction and futility.
The focus during Covid-19 has been on virtual hearings and lawyers may think that this ‘expertise’ is sufficient. There are more valuable lessons to take away from this experience, however.
Whilst historically the ‘Persons Unknown’ jurisdiction was used to obtain injunctions, it is not so confined. There is no principled reason why it cannot also result in a monetary judgment.