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ARTICLE · 30 AUGUST 2011

Disclosing Without Prejudice Communications in Adjudication

Fenwick Elliott LLP
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In the case of Ellis Building Contractors Ltd v Vincent Goldstein, [2011] EWHC 269 (TCC) Mr Justice Akenhead had to look at whether an adjudicator’s decision should be enforced given the disclosure of without prejudice material to the adjudicator during the course of the adjudication which, the employer alleged, gave rise to apparent bias against him.

United KingdomReal Estate and Construction
Claire King
Claire King
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In the case of Ellis Building Contractors Ltd v Vincent Goldstein, [2011] EWHC 269 (TCC) Mr Justice Akenhead had to look at whether an adjudicator's decision should be enforced given the disclosure of without prejudice material to the adjudicator during the course of the adjudication which, the employer alleged, gave rise to apparent bias against him.

The Facts

Ellis Building Contractors Limited (the "Contractor") were employed by Mr Goldstein (the "Employer") to carry out a part demolition, rebuild, refurbishment and fit out of 12 commercial units in Brighton.

The Contractor originally tendered for a total of £429,270.28 in respect of the works in early 2009. A first letter of intent was then issued on 18 June 2009 for works up to the value of the amount tendered for plus a contingency sum of 10% giving a value of £472,197.31 plus VAT. The letter of intent stated that the parties agreed that the works would be carried out under the terms of the JCT 2005

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