Cases - Geoffrey Osborne Ltd v Atkins Rail Ltd
Record details
- Name
- Geoffrey Osborne Ltd v Atkins Rail Ltd
- Date
- [2009]
- Citation
- EWHC 2425 (TCC)
- Legislation
- Keywords
- Adjudication - adjudicator error - unenforceable decision
- Summary
-
The adjudicator made a significant error and failed to take into account sums already paid when deciding that a sum of money was due. He decided that circa £500,000 should be paid when in fact nearly £1m had already been paid. Had the adjudicator taken into account the sums already paid he would not have decided that any further sums were payable. All parties and the adjudicator acknowledged the above.
Geoffrey Osborne sought to enforce the decision and Atkins, by a separate application, sought a finding that the decision was unenforceable.
The judge concluded that on the facts of this case and where the paying party is able to make a Part 8 application (ie where there is no arbitration agreement and where there are not significant issues of fact in issue), he was empowered to conclude that the adjudicator was not entitled to make the order for payment. However it is generally thought that it will be relatively rare for parties to be able to rely on this case as a reason for avoiding enforcement.