Rsl (South West) Ltd. v Stansell Ltd. [2003] EWHC 1390 (TCC) (16 June 2003)

Rsl (South West) Ltd. v Stansell Ltd. [2003] EWHC 1390 (TCC) (16 June 2003)

The adjudicator's failure to provide both parties with an opportunity to comment on the final report of the expert whose findings were material to the decision constituted a breach of natural justice. This breach rendered the adjudicator's decision unenforceable in its entirety, and there was no contractual or legal basis for severing and enforcing only part of the decision.

Citation
[2003] EWHC 1390 (TCC)
Parties
Claimant: RSL (South West) Limited; Defendant: Stansell Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2003
Procedural Posture
Commercial Construction Dispute (summary Judgment Application) / High Court (technology and Construction Court) Judgment on Enforcement of Adjudicator's Decision
Outcome
Claim dismissed
Legal Topics
Adjudication Enforcement, Natural Justice, Contractual Interpretation, Summary Judgment, Interim Payment, Delegation of Decision Making
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Contractual Interpretation Summary Judgment Interim Payment +1 more

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Parties

RSL (South West) Limited

Claimant

Stansell Limited

Defendant

Procedural Posture

Commercial Construction Dispute (summary Judgment Application) / High Court (technology and Construction Court) Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator's decision is enforceable given alleged breach of natural justice
  2. 2 Whether the adjudicator wrongfully delegated decision-making to a third party
  3. 3 Whether any part of the adjudicator's decision can be severed and enforced if the whole is tainted by procedural unfairness

Ratio Decidendi

The adjudicator's failure to provide both parties with an opportunity to comment on the final report of the expert whose findings were material to the decision constituted a breach of natural justice. This breach rendered the adjudicator's decision unenforceable in its entirety, and there was no contractual or legal basis for severing and enforcing only part of the decision.

Court Disposition

Claim dismissed

Orders

  • Application for summary judgment dismissed
  • Application for interim payment dismissed