Source: All England Reporter
Publisher Citation: [2011] All ER (D) 179 (Dec)
Neutral Citation: [2011] EWCA Civ 1617
Court: Court of Appeal, Civil Division
Judge:

Richards, Stanley Burnton and Jackson LJJ
Representation John Marrin QC (instructed by McGrigors LLP) for the claimant.
  Richard Wilmot-Smith QC, Karen Gough and Rachel O'Hagan (instructed by Barton Legal) for the defendant.
Judgment Dates: 21 December 2011

Catchwords

Building contract - Adjudication - Award - Jurisdiction to make award - Apparent bias - Dispute arising between parties - First adjudicator appointed - Defendant company doubting first adjudicator's suitability for role - Second adjudicator being appointed - Defendant failing to serve referral as required by relevant rules - Adjudicator issuing preliminary views and findings of fact - Adjudicator finding against claimant company - Claimant bringing CPR Pt 8 proceedings - Judge finding second adjudicator having jurisdiction to make decision - Judge finding second adjudicator's decision being product of apparent bias - Both parties appealing - Whether judge erring.

The Case

Building contract Adjudication. The Court of Appeal, Civil Division, in dismissing the claimant sub-contractor's appeal against the judge's decision that the adjudicator in its dispute with the defendant main contractor had jurisdiction to preside over the adjudication, and in allowing the defendant's appeal against his decision that the adjudicator had been tainted by apparent bias, held that the adjudicator had had jurisdiction to hear the matter and had not been tainted by apparent bias.

Practice Areas

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