A solicitor sitting in his office one day receives a telephone call from a client who is a contractor. The client states that he has successfully adjudicated a substantial matter. The adjudicator has decided in his favour. He now wishes to enforce the adjudication decision through the courts.
The adjudicator has made a huge mistake in his decision. The result is that the employer is ordered to pay £500,000 for work which was never carried out. The solicitor's contractor client acknowledges and accepts the mistake. He is, however, anxious to get to court as quickly as possible to enrich himself by half a million pounds for work which he never carried out.
The solicitor considers his position. On the face of it, what his client wishes to do appears unethical. It appears to be a misuse of the process of the court to seek judgment for a huge sum of money for work which was never carried out. In legal language the contractor has failed to give contractual consideration for the
