header-logo header-logo

18 February 2010
Issue: 7405 / Categories: Case law , Law digest
printer mail-detail

Adjudication

Rok Building Ltd v Celtic Composting Systems Ltd (No 2) [2010] EWHC 66 (TCC), [2010] All ER (D) 107 (Feb)

It was established case law that, provided that an adjudicator had acted within his jurisdiction, the fact that he had answered the relevant factual or legal questions incorrectly, even where the error was mathematical, would not affect the enforceability of the decision.

The courts would be very slow to characterise even glaringly obvious errors made by adjudicators who had acted within their jurisdiction as breaches or evidence of breaches of the rules of natural justice to which all adjudicators are subject. It was not the function of the court to conduct what was in effect a review of the relative correctness of an adjudicator’s decision to determine the extent to which he “got it wrong”.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll