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18 February 2010
Issue: 7405 / Categories: Case law , Law digest
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Adjudication

Rok Building Ltd v Celtic Composting Systems Ltd (No 2) [2010] EWHC 66 (TCC), [2010] All ER (D) 107 (Feb)

It was established case law that, provided that an adjudicator had acted within his jurisdiction, the fact that he had answered the relevant factual or legal questions incorrectly, even where the error was mathematical, would not affect the enforceability of the decision.

The courts would be very slow to characterise even glaringly obvious errors made by adjudicators who had acted within their jurisdiction as breaches or evidence of breaches of the rules of natural justice to which all adjudicators are subject. It was not the function of the court to conduct what was in effect a review of the relative correctness of an adjudicator’s decision to determine the extent to which he “got it wrong”.

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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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