Adjudication Cases
Following the first case on enforcement of an adjudicator’s decision of Macob Civil Engineering v Morris Construction Ltd [1999] EWHC there have been hundreds of cases dealing with a wide variety of adjudication issues under the Housing Grants, Construction and Regeneration Act 1996 (now as amended).
In general terms the courts have established that Adjudication decisions will be enforced even when those decisions include errors of fact or law. Instances where decisions are not enforced generally include instances where the Adjudicator exceeded his jurisdiction or breached natural justice.
Cases
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Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd [2021] EWHC 1337 (TCC) (19 May 2021)
An interesting case concerning the Adjudicator’s ability to recover his fees, the judge stated that the case raised some interesting points as to the circumstances in which an Adjudicator’s fees are or are not payable.
The case concerned a matter which was referred under the CIC LVD MAP, avoiding acronyms that’s the Construction Industry Council Low Value Dispute Model Adjudication Procedure, in short, it’s a low value fixed fee adjudication to help provide certainty to the parties when resolving a dispute. In this instance the claim was for £35,975.29 and the Adjudicator’s Fee was fixed at £6,000.00.
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Prater Ltd v John Sisk & Son (Holdings) Ltd [2021] EWHC 1113 (TCC) (30 April 2021)List Item 2
This is the Claimant's (Prater) Claim and Application for Summary Judgment (the Application) for the enforcement of an adjudication decision dated 2 February 2021 (Decision 4) made by Mr Matthew Molloy (Mr Molloy or the Adjudicator). Mr Molloy was appointed pursuant to the contractual adjudication procedure set out in the Subcontract that has given rise to these proceedings
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Delta Fabrication & Glazing Ltd v Watkin Jones & Son Ltd [2021] EWHC 1034 (TCC) (30 April 2021)
Delta sought summary judgement of an adjudicator's decision.
Watkin Jones successfully argued that the adjudicator did not have jurisdiction as Delta had referred multiple disputes under two separate subcontracts to the adjudicator in the same adjudication.
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Macob Civil Engineering Ltd v. Morrison Construction Ltd [1999] EWHC Technology 254 (12th February, 1999)
The Court held that an adjudicator’s decision remained a decision notwithstanding that one party challenged its validity and could therefore be enforced. The Court provided that summary judgment would be the normal way to enforce an adjudicator’s decision. Adjudication was here to stay.
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Advance JV & Ors v Enisca Ltd [2022] EWHC 1152 (TCC) (16 May 2022)
In a decision dated 8 February 2022, an adjudicator decided that Advance did not issue a valid pay less notice. Advance attempted to rely on a later payment notice. Advance was to pay Enisca the sum of £2.7million. The matter was referred to the TCC under Part 8 Proceedings. It was decided that the reasonable recipient would have taken the later certificate not to apply to the payment in question and the decision was enforced by the court.
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Essential Living (Greenwich) Ltd v Elements (Europe) Ltd [2022] EWHC 1400 (TCC)
The decision of O'Farrell J in Essential Living (Greenwich) Limited v Elements (Europe) Limited [2022] EWHC 1400 considers the effect of an interim application adjudication decision on the parties' ongoing final account dispute.
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