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Adjudicator's decision will be enforced if the adjuidcator has not breached the rules of natural justice
10 August 2011
Adjudicators have a fine line to tread, but as found by the Judge in Hyder Consulting (UK) Ltd -v- Carillion Construction Ltd on 13th July 2011, provided a Court is satisfied that the adjudicator did not breach the rules of natural justice, his (or her) decision will be enforced. The rules of natural justice require that each party has a right to a fair hearing before an impartial tribunal and that if that tribunal applies its own knowledge and experience (and in particular methodology) on a particular issue, the parties have an opportunity to comment on that approach.
Should you need assistance on an adjudication or enforcement of adjudication process, please feel free to contact our Litigation Team for an exploratory discussion.
Andrew Petchey, Partner, Litigation
