Adjudication – Enforcement

The Scottish case of SW Global Resourcing Ltd v Morris & Spottiswood Ltd, [2012] CSOH 200, concerned the enforcement of an adjudicator's decision for an alleged breach of the rules of natural justice and apparent bias; failure to exhaust remit; ultra vires; Wednesday unreasonableness and internal contradictions; and lack of adequate reasoning.

The Facts

Morris & Spottiswood Ltd ("M&S") was the main contractor employed by Historic Scotland to carry out building works at Stirling Castle. SW Global ("SW") was a subcontractor. The subcontract was formed by correspondence and a purchase order which the parties agreed was a construction contract within the meaning of the HGCRA.

In November 2010 SW referred a dispute over disruption costs and loss and expense to adjudication and Mr John Bell was appointed as adjudicator. He rejected M&S' challenge to his jurisdiction on the ground that the issue referred to him had been decided in a previous adjudication by Ms Janey