Cases - R G Carter Ltd v Edmund Nuttall Ltd
Record details
- Name
- R G Carter Ltd v Edmund Nuttall Ltd
- Date
- [2000] (2002)
- Citation
- BLR 359
- Legislation
- Keywords
- Construction contracts - adjudication - contract in writing - ability to identify entire agreement in writing - sub-contract - postponement of referral right - appointment of names - adjudicator - extension of time - Mandatory Mediation Procedure - Housing Grants, Construction and Regeneration Act 1996, section 108
- Summary
-
Carter claimed that the adjudicator, who had carried out a previous related adjudication between the parties (where the decision had been held to be unenforceable), would have pre-judged the dispute.
The court held that it does not have any power under the HGCRA (unlike the Arbitration Act 1996) to remove an adjudicator and appoint someone else instead where there are legitimate reasons for justifiable doubts as to his or her impartiality. In any case, the court did not consider that there were such legitimate reasons.
The court said that an adjudicator who has received a notice of adjudication has no further duty nor any jurisdiction to adjudicate the dispute, unless he has received a referral notice, and the time for giving his decision ran from such receipt.