Amec Capital Projects Ltd v Whitefriars City Estates Ltd

Amec Capital Projects Ltd v Whitefriars City Estates Ltd

The Court held that the adjudicator was properly appointed under the statutory scheme as the contractual machinery had broken down, and that there was no apparent bias or breach of natural justice. The factors relied on by the respondent, whether individually or cumulatively, did not justify a conclusion of apparent bias. The appeal was allowed and the adjudicator's decision was enforced.

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

Civil Appeal / Court of Appeal Judgment on Appeal From Technology and Construction Court

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction under the contract and statutory scheme
  2. 2 Whether there was apparent bias or breach of natural justice by the adjudicator

Ratio Decidendi

The Court held that the adjudicator was properly appointed under the statutory scheme as the contractual machinery had broken down, and that there was no apparent bias or breach of natural justice. The factors relied on by the respondent, whether individually or cumulatively, did not justify a conclusion of apparent bias. The appeal was allowed and the adjudicator's decision was enforced.

Court Disposition

Appeal allowed

Orders

  • Respondent to pay the appellant £642,784.31 and £12,305.68 in respect of the Adjudicator’s costs
  • Respondent to pay appellant's costs of appeal and costs below, to be assessed if not agreed