Premier Modular Ltd v Maidstone and Tunbridge Wells NHS Trust [2026] is a rare case in which the Technology and Construction Court refused to enforce an adjudicator’s decision on the grounds of a breach of natural justice. The Court affirmed that, while adjudicators are entitled to reach independent conclusions, they cannot go off on a frolic of their own.
What happened?
Premier and the Trust were in dispute over the Trust’s delay in providing a permanent mains water supply to a surgical theatre project at a Maidstone hospital, which Premier needed to test and commission its work. Premier argued that this entitled it to a compensation event, and won an adjudication worth £1.6 million.
However, in reaching his decision, the Adjudicator relied on a contractual clause neither party had argued, holding that a different, later programme of works counted as the “Accepted Programme” despite both parties agreeing it did not. The Trust refused to pay and resisted enforcement, arguing the Adjudicator essentially invented a case for Premier, which Premier had not made and this breached natural justice.
What did the TCC decide?
- An adjudicator can reach independent conclusions, and this alone isn’t unfair.
- But deciding a case on a basis neither party raised, that contradicts the parties’ agreed position, and that nobody had a chance to comment on, crosses the line into a “frolic of one’s own.”
- This amounts to a breach of natural justice, making the Adjudicator’s decision invalid, and the TCC refused to enforce.
What can we learn from this?
Adjudicators face a difficult task in dealing with disputes on very short timescales, but that is not a defence to obvious unfairness. While Courts remain reluctant to interfere with adjudicators’ decisions, they can be challenged where an adjudicator very clearly goes ‘off-script’.
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This article contains information of general interest about current legal issues, but does not provide legal advice. It is prepared for the general information of our clients and other interested parties. This article should not be relied upon in any specific situation without appropriate legal advice. If you require legal advice on any of the issues raised in this article, please contact one of our specialist construction lawyers.
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