Adjudication—Adjudicator—Fees

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.