Adjudication Case Summaries

Propositions formulated by Akenhead J as to whether the same or substantially the same dispute had been referred to or resolved in an earlier adjudication

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The adjudiator's timetable could not be said to be unreasonable with the result that he could not be said to have acted in breach of the rules of natural juctice

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The adjudicator was entitled to recover his fees on all three adjudications from the contractor in accordance with the adjudicators decision that it should pay them

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Propositions derived by Akenhead J as to what could constitute a dispute for adjudication (and arbitration) purposes

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The adjudicator did not act in breech of the rules of natural justice in applying his own reasoning to assess the quantum of the contractor's claim but did act in breech in not giving notice of the commercial rates he applied which he derived from his own experience

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The adjudicator's decision in the third adjudication rejecting the contractor's claim that time was at large and/or that it was entitled to anything further arising in respect of delay was conclusive in accordance with clause 1.9.4

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The adjudicator's failure to allow it to comment on his methodology and the figures he proposed to use in arriving at his valuation of the target cost did not amount to a breach of the rules of natural justice.

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The adjudicator was apparently biased by producing his "preliminary views and findings of fact" document

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The employer should have summary judgment to recover the balance of the fees charged by the adjudicator and paid by it to the adjudicator where the adjudicator directed that the contractor should pay his fees but it only paid a small proportion of those fees

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The adjudicator could not be said to have acted in breach of the rules of natural justice by declining to deal with the employer's counterclaim on its merits on the mistaken ground that the employer failed to serve a withholding notice in respect of that counterclaim

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Summary judgement should be ordered to enforce the adjudicator's award to the sub-sub-contract dispite it having adduced evidence in the adjudication that terms of the sub-sub-contract were agreed orally

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Whilst the contractor was in breach of the contractural adjudication agreement by deliberatley failing to serve its referral within two days of the adjudicator's appointment, this breach could not constitute a repudiatory breach of the agreement

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There was no reasonable prospect on the evidence before the court of the hirer being able to establish that the hirer's manager did not have appropriate authority to enter into the long term hire contract in question

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The non-compliance (and subsequent striking out) of a contractural adjudication provision with section 108 of the Construction Act did not mean that all the provisions of the agreement where replaced by the Scheme

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The adjudicator had jurisdiction despite the contractor's failure to send to the adjudicator and to the sub-contractor all the documetns supporting its notice of referral within two days of the adjudicator's appointment in breach of the ICE Adjudication Procedure

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Principles set out by Lord Glennie as to the circumstances in which an adjudicator should be permitted to use his knowledge and experience to determine issues with "facts" which went beyond those brought out in the evidence

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The architect's challenges in the court proceeedings to the adjudicator's jurisdiction, if valid, would not prevent the adjudicator's decision from being enforced since the architect had waived any rights to raise such challenges

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The adjudicators breached the rules of natural justice by not determining the sub-contractor's defence as to the true value of the final account and giving the parties the opportunity of being heard on the defence

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The recoverability as costs of the uplift under a conditional fee agreement or the premium for an after the event insurance in relation to adjudication enforcement proceedings

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The adjudicator had not acted in breach of the rules of natural justice by wrongly using his own knowledge and experience in formulating the approach he adopted in coming to his decision

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