Adjudication: Part 8 Declaration Declined, Adjudicator's Decision Upheld

In the case of R and C Electrical Engineers Ltd v Shaylor Construction Ltd, [2012] EWHC 1254 (TCC), R&C sought Part 8 declaratory relief in relation to an adjudicator's decision. Whilst the application was declined, the adjudicator's decision was upheld as binding until such time as the dispute was finally resolved by litigation or arbitration.

The Facts

R&C Electrical Engineers Ltd ("R&C") was engaged as sub-sub-contractor by Shaylor Construction Ltd ("Shaylor") to undertake mechanical and electrical works in respect of a LIFT (NHS Local Investment Finance Trust) project in Walsall (the "Subcontract"). In November 2011, a dispute arose between the parties concerning R&C's financial entitlements under the Subcontract. On 15 November 2011 R&C referred the dispute to adjudication. Mr Eric Mouzer was appointed as adjudicator (the "Adjudicator").