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Adjudication

18 February 2010
Issue: 7405 / Categories: Case law , Law digest
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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”.

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