PC Harrington Contractors Ltd v Systech
International Ltd [2012] EWCA Civ 1371
In what should be a comforting decision for those
engaging in adjudication, the Court held that where the
adjudicator's decision was unenforceable (in this case because
of a breach of the rules of natural justice) then he was not
entitled to be paid. The parties bargain with the adjudicator was
for an enforceable decision. The Court noted that if adjudicators
are concerned by this decision then they should seek to incorporate
into their terms a provision covering payment in the event of a
decision not being delivered or proving to be unenforceable (if the
parties to the adjudication will accept this).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
