Amec Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1418 (28 October 2004)

Amec Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWCA Civ 1418 (28 October 2004)

The Court of Appeal held that the adjudicator was properly appointed under the Scheme due to the unavailability of the named adjudicator, and that none of the alleged breaches of natural justice or factors raised individually or collectively established apparent bias. The appeal was allowed and the adjudicator's decision enforced.

Citation
[2004] EWCA Civ 1418
Parties
Appellant/claimant: AMEC Capital Projects Ltd; Respondent/defendant: Whitefriars City Estates Ltd
Jurisdiction
England and Wales
Judgment Date
28 October 2004
Procedural Posture
Appeal From Technology and Construction Court / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Adjudication, Natural Justice, Apparent Bias, Jurisdiction of Adjudicator, Enforcement of Adjudicator's Decision
Construction Law Contract Law Civil Procedure Adjudication Natural Justice Apparent Bias Jurisdiction of Adjudicator Enforcement of Adjudicator's Decision

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Parties

AMEC Capital Projects Ltd

Appellant/claimant

Whitefriars City Estates Ltd

Respondent/defendant

Procedural Posture

Appeal From Technology and Construction Court / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the adjudicator was appointed with jurisdiction under the contract
  2. 2 Whether the adjudicator's decision was void for breach of natural justice due to apparent bias

Ratio Decidendi

The Court of Appeal held that the adjudicator was properly appointed under the Scheme due to the unavailability of the named adjudicator, and that none of the alleged breaches of natural justice or factors raised individually or collectively established apparent bias. The appeal was allowed and the adjudicator's decision enforced.

Court Disposition

Appeal allowed

Orders

  • Respondent to pay appellant £642,784.31
  • Respondent to pay £12,305.68 for Adjudicator's costs