header-logo header-logo

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

Adjudication—Adjudicator—Fees

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll