header-logo header-logo

Adjudication—Adjudicator—Fees

10 November 2011
Issue: 7489 / Categories: Case law , Law reports , In Court
printer mail-detail

Systech International Ltd v PC Harrington Contractors Ltd [2011] EWHC 2722 (TCC), [2011] All ER (D) 240 (Oct)

Queen’s Bench Division, Technology and Construction Court, Akenhead J, 27 Oct 2011

Honest and unwitting breaches of the rules of natural justice by an adjudicator do not constitute a total failure of consideration disentitling him to his fee.

Dominique Rawley (instructed by Systech Solicitors) for S Ltd. James Bowling (instructed by Speechly Bircham LLP) for H Ltd.

A dispute arose between H Ltd, a contractor engaged to carry out construction work, and T Ltd, a company employed by it to carry out three separate sub-contracts. Both sides agreed to appoint an adjudicator. The adjudicator was employed by S Ltd. In February 2011, the adjudicator issued his decision on all the issues between the parties (the decision) and ordered that his fees were to be paid by H Ltd. H Ltd brought proceedings under CPR Pt 8, seeking a declaration that the decision was not enforceable owing to breaches of natural justice on the part of the adjudicator.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll