AZ v BY [2023] EWHC 2388 (TCC) (27 September 2023)

AZ v BY [2023] EWHC 2388 (TCC) (27 September 2023)

The documents submitted by AZ to the adjudicator were without prejudice and inadmissible; their use gave rise to apparent bias, rendering the adjudicator's decision unenforceable.

Citation
[2023] EWHC 2388 (TCC)
Parties
Claimant (part 7 Claim); Defendant (part 8 Claim): AZ; Defendants (part 7 Claim); Claimants (part 8 Claim): BY
Jurisdiction
England and Wales
Judgment Date
27 September 2023
Procedural Posture
Part 7 and Part 8 Claims (tcc) / Judgment After Combined Hearing of Enforcement and Declaratory Relief
Outcome
Part 7 Claim dismissed; Part 8 declarations granted in part
Legal Topics
Without Prejudice Privilege, Adjudication Enforcement, Apparent Bias, Natural Justice
Civil Procedure Construction Law Evidence Without Prejudice Privilege Adjudication Enforcement Apparent Bias Natural Justice

Case Brief

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Parties

AZ

Claimant (part 7 Claim); Defendant (part 8 Claim)

BY

Defendants (part 7 Claim); Claimants (part 8 Claim)

Procedural Posture

Part 7 and Part 8 Claims (tcc) / Judgment After Combined Hearing of Enforcement and Declaratory Relief

Legal Issues

  1. 1 Nature of 2022 communications between AZ and BY
  2. 2 Whether documents submitted to adjudicator were without prejudice
  3. 3 Admissibility of such documents in adjudication

Ratio Decidendi

The documents submitted by AZ to the adjudicator were without prejudice and inadmissible; their use gave rise to apparent bias, rendering the adjudicator's decision unenforceable.

Court Disposition

Part 7 Claim dismissed; Part 8 declarations granted in part

Orders

  • AZ's application for summary judgment dismissed
  • Declaration that the relevant negotiations were without prejudice