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ARTICLE · 21 AUGUST 2008

Challenging Adjudicators’ Decisions On Natural Justice Grounds

CMS Cameron McKenna Nabarro Olswang
Explore more from CMS Cameron McKenna Nabarro Olswang

The fact that an adjudicator makes an error in reaching his decision does not usually render the decision unenforceable. Orthodox thinking is that if an adjudicator gets it wrong, the result can be changed in “final” proceedings.

United KingdomLitigation, Mediation & Arbitration
Julian Bailey
Julian Bailey

The fact that an adjudicator makes an error in reaching his decision does not usually render the decision unenforceable. Orthodox thinking is that if an adjudicator gets it wrong, the result can be changed in "final" proceedings. On the other hand, the Construction Act requires adjudicators to act "impartially", which means that they have to give each party a fair hearing. But what happens if an adjudicator makes an error which has the effect of denying a party a fair hearing? The issue arose in the case of CJP Builders, decided last Friday, where:

The referring party (a subcontractor) sought to adjudicate an interim payment claim in the order of £100K.

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