Adjudication decision based on unargued point was unenforceable (Corebuild v Cleaver)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Construction analysis: The Technology and Construction Court refused to enforce an adjudication decision as the adjudicator had determined a key issue on a basis not argued by the referring party and to which the responding party had not been given an opportunity to respond—this amounted to a breach of natural justice. However, the other grounds for resisting enforcement, being that the adjudicator had answered the wrong question and that he had disregarded evidence, failed. Finally, the court noted that, even if the adjudication decision had been enforceable, it would have granted a stay of execution as the claimant was insolvent.