Natural Justice Reminder

The recent decision of the Court of Session in the case of Ardmore Construction Limited v Taylor Woodrow Construction Limited is a useful reminder that while it remains the courts' stated policy not to interfere with adjudication awards, where there has been a clear breach of natural justice, they will refuse to enforce the decision.

The facts of the case are also a salutary lesson to all those involved in the adjudication process - particularly adjudicators.

Ardmore and Taylor Woodrow entered into a contract for the carrying out of certain ground works at a site in Glasgow. In May 2004 Ardmore made an application to Taylor Woodrow for payment in respect of various heads of claim. There were five heads of claim, one of which related to overtime. Taylor Woodrow refused to make payment in respect of these items and the resulting dispute between parties was referred to adjudication. On 8 October 2004, having received written submissions from the parties and having held a hearing on 10