17 May 2019INDIGO 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
13 May 2019MTD CONTRACTORS LTD v WILLOW CORP SARL The adjudicator’s award in the later adjudication should be enforced despite the possibility that the determination of the dispute in relation to an earlier adjudication after the enforcement proceedings might result in the decision in the later adjudication being unenforceable
10 May 2019RGB 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
8 May 2019JJ 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
3 May 2019WILLOW 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
29 Apr 2019GRANDLANE 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
17 Apr 2019PBS ENERGO AS v BESTER GENERACION UK LTD The contractor had a properly arguable defence that the adjudicator’s decision was obtained by the sub-contractor’s fraud with the result that its application to enforce the decision by way of summary judgment should be dismissed
9 Apr 20194MA LTD v NASH The adjudicator’s award to the contractor should be enforced summarily despite the adjudication being contractual by reason of the home owners being residential occupiers and their court proceedings in which they were making claims which they contended constituted a defence to the contractor’s claim
13 Mar 2019EQUITIX ESI CHP (SHEFF) LTD v VEOLIA ENERGY & UTILITY SERVICES UK PLC The persons appointed by the adjudicator nominating body satisfied the requirement of being “in the field of biomass energy plants” when they had expertise derived from dispute resolution in that field despite none of them being an expert in such plants
8 Mar 2019BILLINGFORD HOLDINGS LTD v SMC BUILDING SOLUTIONS LTD No order should be made in respect of the responding party’s application for an injunction preventing the adjudicator and the referring party to continue the ongoing adjudication in order that declarations could be made resolving its challenge to the adjudicator’s jurisdiction
8 Mar 2019HITACHI ZOSEN INOVA AG v JOHN SISK & SON LTD The adjudicator had jurisdiction to award the sub-contractor a specified in the further adjudicator in respect of a variation despite having valued it in the first adjudication as “£nil” on the ground of insufficient cost details where it provided such details in the further adjudication
