Lanes Group Plc v Galliford Try Infrastructure Ltd

Lanes Group Plc v Galliford Try Infrastructure Ltd

There is no absolute or qualified bar in the adjudication rules or case law preventing a party from recommencing adjudication after a nullity due to non-service of a referral. However, the adjudicator's issuance of a detailed 'Preliminary Views and Findings of Fact' document before receiving the respondent's submissions created an appearance of pre-judgment and apparent bias. The decision is therefore unenforceable due to apparent bias.

Parties
Claimant: Lanes Group PLC; Defendant: Galliford Try Infrastructure Limited
Jurisdiction
England and Wales
Judgment Date
06 July 2011
Procedural Posture
Commercial Construction Dispute / Judgment on Part 8 Proceedings and Summary Judgment Application
Outcome
Application for summary judgment to enforce the adjudicator's decision refused; declaratory relief refused on 'No Start Again' argument; decision unenforceable due to apparent bias.
Legal Topics
Adjudication, Jurisdiction, Apparent Bias, Abuse of Process, Enforcement of Adjudicator's Decision
Construction Law Contract Law Civil Procedure Adjudication Jurisdiction Apparent Bias Abuse of Process Enforcement of Adjudicator's Decision

Case Brief

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Parties

Lanes Group PLC

Claimant

Galliford Try Infrastructure Limited

Defendant

Procedural Posture

Commercial Construction Dispute / Judgment on Part 8 Proceedings and Summary Judgment Application

Legal Issues

  1. 1 Whether a party can recommence adjudication after failing to serve a referral in the first adjudication
  2. 2 Whether the adjudicator's conduct gave rise to apparent bias rendering the decision unenforceable
  3. 3 Whether it was an abuse of process to raise the 'No Start Again' argument in these proceedings

Ratio Decidendi

There is no absolute or qualified bar in the adjudication rules or case law preventing a party from recommencing adjudication after a nullity due to non-service of a referral. However, the adjudicator's issuance of a detailed 'Preliminary Views and Findings of Fact' document before receiving the respondent's submissions created an appearance of pre-judgment and apparent bias. The decision is therefore unenforceable due to apparent bias.

Court Disposition

Application for summary judgment to enforce the adjudicator's decision refused; declaratory relief refused on 'No Start Again' argument; decision unenforceable due to apparent bias.

Orders

  • Summary judgment refused
  • Declaratory relief on bar to recommencement refused