Natural Justice: it must be done

Questions of procedural fairness remain important in adjudication. In the recent case of Liverpool City Council -v- Vital Infrastructure Asset Management (VIAM) Ltd (In Administration) [2022] the Technology and Construction Court provided declaratory relief rendering an adjudicator’s decision unenforceable because […]

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Validity of Payment Notices and Severability of Adjudication Decisions

In the recent case of Downs Road Development LLP -v- Laxmanbhai Construction (UK) Limited [2021], the TCC considered issues concerning the validity of payment notices, as well as questions of natural justice and the severability of adjudication decisions.  Background Downs […]

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Adjudication Enforcement – Guidance on Natural Justice and Jurisdiction

In the case of Global Switch Estates 1 Limited -v- Sudlows Limited, the Technology and Construction Court (“TCC”) dismissed an application for summary judgment to enforce an adjudicator’s decision due to material breaches of the rules of natural justice. Background […]

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When Does an Adjudicator’s Error Amount to a Breach of Natural Justice?

One of the few grounds available for resisting the enforcement of an adjudicator’s decision is a claim of breach of the rules of natural justice. In the case of JJ Rhatigan & Co (UK) Limited (“Rhatigan”) v Rosemary Lodge Developments […]

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