Herbosh -Kiere Marine Contractors Ltd v Dover Harbour Board

Herbosh -Kiere Marine Contractors Ltd v Dover Harbour Board

The adjudicator exceeded his jurisdiction and materially breached the rules of natural justice by deciding the dispute on a composite rate methodology not advanced or argued by either party and without giving the parties an opportunity to address it, resulting in a materially different outcome. Therefore, the adjudicator's decision cannot be enforced.

Parties
Claimant: Herbosch-Kiere Marine Contractors Limited; Defendant: Dover Harbour Board
Jurisdiction
England and Wales
Judgment Date
26 January 2012
Procedural Posture
Commercial Construction Enforcement / Judgment on Application for Summary Judgment to Enforce Adjudicator's Decision
Outcome
Claim dismissed
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice, Final Account Disputes, Delay Claims
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice Final Account Disputes Delay Claims

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Parties

Herbosch-Kiere Marine Contractors Limited

Claimant

Dover Harbour Board

Defendant

Procedural Posture

Commercial Construction Enforcement / Judgment on Application for Summary Judgment to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator exceeded his jurisdiction by deciding on a basis not argued by the parties
  2. 2 Whether there was a material breach of natural justice in the adjudication process
  3. 3 Whether the adjudicator's decision should be enforced

Ratio Decidendi

The adjudicator exceeded his jurisdiction and materially breached the rules of natural justice by deciding the dispute on a composite rate methodology not advanced or argued by either party and without giving the parties an opportunity to address it, resulting in a materially different outcome. Therefore, the adjudicator's decision cannot be enforced.

Court Disposition

Claim dismissed