Premier Modular Ltd v Maidstone And Tunbridge Wells NHS Trust

PML sought summary enforcement of an adjudicator’s decision in the sum of £1.6 million. The Trust said that the central findings in that decision were reached in breach of natural justice. In particular, the Trust said that the adjudicator’s finding that there had been a Compensation Event was made on a contractual basis that had not been raised by the parties and on which neither party had made submissions. Further, the adjudicator made a finding that the Accepted Programme had been updated, but this was not part of the adjudication and was contrary to the position of both parties.

In other words, the adjudicator had decided the dispute on a basis with which the responding party (i.e. the Trust) did not have an adequate opportunity to deal with. Deputy Judge Wiliamson KC referred to the case of Roe Brickwork Ltd v Wates Construction Ltd (see Dispatch 163), where Edwards-Stuart J had said: