AZ v BY

AZ v BY

The documents submitted to the Adjudicator were without prejudice and inadmissible; their deployment created a real possibility of apparent bias, rendering the Adjudicator's decision unenforceable. The Part 7 claim for enforcement is dismissed and declarations are granted in the Part 8 claim as specified.

Parties
Claimant (part 7 Claim) / Defendant (part 8 Claim): AZ; Defendant (part 7 Claim) / Claimant (part 8 Claim): BY
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (technology and Construction Court) / Judgment After Hearing of Consolidated Part 7 and Part 8 Claims
Outcome
Part 7 claim dismissed; Part 8 declarations granted as specified
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

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

Procedural Posture

Civil (technology and Construction Court) / Judgment After Hearing of Consolidated Part 7 and Part 8 Claims

Legal Issues

  1. 1 Nature of the communications between AZ and BY during 2022
  2. 2 Whether documents submitted to the Adjudicator were subject to without prejudice privilege
  3. 3 Admissibility of the documents in adjudication

Ratio Decidendi

The documents submitted to the Adjudicator were without prejudice and inadmissible; their deployment created a real possibility of apparent bias, rendering the Adjudicator's decision unenforceable. The Part 7 claim for enforcement is dismissed and declarations are granted in the Part 8 claim as specified.

Court Disposition

Part 7 claim dismissed; Part 8 declarations granted as specified

Orders

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