Cases - Primus Build Ltd v Pompey Centre Ltd & Anor
Record details
- Name
- Primus Build Ltd v Pompey Centre Ltd & Anor
- Date
- [2009]
- Citation
- EWHC 1487 (TCC)
- Legislation
- Keywords
- Adjudication - notice of adjudication gives jurisdiction - notice to be in accordance with the terms of contract - adjudicator exceeded his jurisdiction - decision unenforceable
- Summary
-
The judge emphasised that the adjudicator derives his jurisdiction from the notice of adjudication and it is therefore vital that the referring party serve the notice precisely in accordance with the terms of the contract.
In that case the judge was able to find that the notice had been properly served but he said that the referring party was lucky that the chain of events had enabled him to do so.
However the adjudicator’s decision was still not enforced. Both parties had separately asked the adjudicator to disregard profit figures in Primus’s accounts. However contrary to those requests and without consulting the parties the adjudicator had felt it necessary to take account of those figures in his decision. The judge found that the adjudicator had exceeded his jurisdiction and as a result his decision was unenforceable.