Cases - BAL (1996) Ltd v Taylor Woodrow Construction Ltd

Record details

Name
BAL (1996) Ltd v Taylor Woodrow Construction Ltd
Date
[2004]
Citation
AII ER (D) 218 Feb
Legislation
Keywords
Construction contracts - adjudication - jurisdiction - adjudicator adopting own procedure - natural justice - fairness - acquiescence to procedure - pbjection to procedure - summary judgment - enforcement - Housing Grants, Construction and Regeneration Act 1996, section 108
Summary

BAL were a subcontractor to Taylor Woodrow. Disputes in relation to payments arose, which BAL referred to adjudication. The adjudicator decided in BAL's favour and these proceedings were brought by way of an application for summary judgment to enforce that decision.

Taylor Woodrow resisted the application for summary judgment on the basis that the adjudicator had acted in breach of the principles of natural justice.

During the course of the adjudication the adjudicator had advised the parties that he would require legal assistance, but he failed to disclose that advice to the parties before making his decision. This, Taylor Woodrow argued, rendered his decision unenforceable.

The judge concluded that in this case there was no acquiescence to the procedure adopted by the adjudicator, that there was a strong arguable case that there had been a breach of the principles of natural justice and accordingly the application for summary judgment would be refused.