Evidence: In? Out? Can an Adjudicator Shake It All About?

Cynthia Jacques and Elsie Jacques Grombach (t/a C&E Jacques Partnership) v Ensign Contractors Limited [2009] EWHC 3383 (TCC)

INTRODUCTION

The recent TCC case of Jacques v Ensign provides a useful summary of the Court's application of the concept of natural justice to adjudication proceedings. The decision:

• Confirms that adjudicators enjoy a wide jurisdiction in considering evidence;
• Provides an example of the Court's discretion regarding the granting of a stay of execution;
• Gives a salutary reminder of the costs consequences of failing to beat a settlement offer.

THE FACTS

• In May 2006, the Employer, trading as C&E Jacques Partnership, engaged the Contractor, Ensign Contracts Limited, to renovate a number of flats in an apartment block in Liverpool for a contract sum of £339,000.