Adjudication: A New Way Of Preventing Enforcement

If an adjudicator has made a mistake (even a serious one) in his decision, the error will not invalidate the decision. Given the time limits involved, adjudication is an inherently "rough and ready" process, and the courts have emphasised that any mistakes should be dealt with by way of final determination by the courts or arbitration. "Pay now, argue later" is the credo. But a recent case highlights how if a final decision is obtained from a court or tribunal, declaring the adjudicator to have made an error, that can be used as a basis for the court not enforcing the adjudicator's decision.

Background

Atkins Rail Ltd ("ARL") was employed by Network Rail as the main contractor for the design and construction of signalling works. ARL sub-contracted the civils works to Geoffrey Osborne Ltd ("GOL"). ARL and GOL fell into dispute, which was subsequently referred to adjudication. The adjudicator made a significant error in his decision in that he failed to take