Broughton Brickwork Ltd v F Parkinson Ltd: TCC 21 Oct 2014

‘application for summary judgment to enforce a decision of an adjudicator, Mr Paul Greenwood, made on 4th September 2014, in which he decided that the defendant should pay the claimant andpound;96,000 odd including interest. The defendant’s case is that there should be no enforcement of that decision because there was a real and a serious breach of natural justice. In short, it is submitted by the defendant’s counsel, Miss Day QC, that this is a case where something has genuinely gone seriously wrong, and where what has occurred was not rough justice, which she accepts cannot prevent a decision being enforced, but no justice at all. The defendant’s first specific complaint is that the adjudicator decided a particular point which was of considerable importance to the determination of the dispute on a basis which was not the way in which the parties had argued it, and without first giving the parties the opportunity to comment. Its second complaint is that in deciding that point the adjudicator failed, through inadvertence, to address a particular document which the defendant had placed before him and which, had he considered it, would have led to his reaching a different conclusion in the defendant’s favour, as indeed says the defendant the adjudicator has subsequently acknowledged.’

Stephen Davies HHJ
[2014] EWHC 4525 (TCC)

Arbitration, Natural Justice

Updated: 22 January 2022; Ref: scu.569070