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03 November 2011
Issue: 7488 / Categories: Legal News
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Pay out for failure?

An adjudicator who makes a mistake so serious that the decision is unenforceable is entitled to his fees and expenses

In Systech v PC Harrington [2011] EWHC 2722 (TCC), the adjudicator was found by the technology and construction court to have breached natural justice by failing to consider a subcontractor’s defence of overpayment during a dispute between contractors involved in the construction of Wembley Stadium. Consequently, the adjudicator’s decision was unenforceable.

The adjudicator sued for his fees. The subcontractor refused to pay the adjudicator, arguing his decision had been worthless and there had been “a total failure of consideration”.

Delivering judgment however, Mr Justice Akenhead said there had “not been a total failure of consideration”.

He added this is notwithstanding that the decisions “which he issued were unenforceable by reason of his albeit honest and unwitting breaches of the rules of natural justice. In those circumstances, the adjudicator is entitled to his fees on all three adjudications”.

Issue: 7488 / Categories: Legal News
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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