Adjudication Cases

We are pleased to provide a database of important of judgements handed down by the courts from 1999 affecting adjudication in the United Kingdom.
Included is a “level 1”main provision, a “level 2” detailed summary and a “level 3” actual copy judgement for each case.
Cases may be searched by name, date and / or subject matter

13 Aug 2019 MARS BLACK SHEEP HOTELS LTD v DOUGLAS & STEWART UK LTD The employer was not entitled to an interdict (injunction) preventing the contractor from proceeding with its adjudication despite the employer’s allegation that it had been induced to enter the contract on the basis of the contractor’s misrepresentation that it was a substantial commercial entity

7 Aug 2019 COREBUILD LTD v CLEAVER The adjudicator was in breach of the rules of natural justice by going off on “a frolic of his own” in making a determinative finding, namely that the homeowners were in repudiatory breach of contract, on the basis of a factual finding which had not been argued for

25 Jun 2019 WILLOW CORP SARL v MTD CONTRACTORS LTD The balance of the adjudicator’s award to the contractor having deducted the liquidated damages which the adjudicator should have awarded to the employer should be enforced by way of summary judgment

8 May 2019 JJ RHATIGAN & CO (UK) LTD v ROSEMARY LODGE DEVELOPMENTS LTD The fact that the adjudicator did not refer in his decision to the evidence of one of the employer’s witnesses in support of an aspect of its defence did not infer that he did not have regard to the defence itself and therefore did not constitute a breach of the rules of natural justice

9 Jul 2019 MG SCAFFOLDING (OXFORD) LTD v PALMLOCH LTD The adjudicator’s decision against the employer company which was the defendant in the enforcement proceedings and the entity which contracted with the contractor should be enforced despite the responding party in the adjudicator being named as the company’s trading name

17 May 2019 INDIGO PROJECTS LONDON LTD v RAZIN The adjudicator’s decision awarding the sum applied for by the contractor solely on the basis of the employer’s failure to issue a pay less notice and without considering its counterclaims should not be enforced where the contractor entered into a creditors’ voluntary arrangement after the award

3 May 2019 WILLOW CORP SARL v MTD CONTRACTORS LTD The hearing of the declaration application should exceptionally be adjourned until judgment was delivered in another case dealing with contract interpretation issues linked with the application but the summary judgment application should to proceed on the date originally fixed for both applications

28 Jun 2019 BABCOCK MARINE (CLYDE) LTD v HS BARRIER COATINGS LTD The contractor’s application to stay the enforcement proceedings brought by the employer in respect of the adjudicator’s award to it in the adjudication should be granted on the basis that the appropriate forum for the proceedings was the courts in Scotland

10 May 2019 RGB P&C LTD v VICTORY HOUSE GENERAL PARTNER LTD The adjudicator did not act in breach of natural justice in granting an extension of time based on his own analysis without reference to the parties which involved rejecting the contractor’s expert programmer’s logic links, substituting his own links and thereby finding a critical path

29 Apr 2019 GRANDLANE DEVELOPMENTS LTD v SKYMIST HOLDINGS LTD The client’s contention that the adjudicator's decision was tainted by fraud should be rejected and the consultant’s enforcement application should not be adjourned until after the further application for pre-action disclosure and the consideration of any further disclosure given as a result of that application

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